M. Donsky

Following the dismissal of the plaintiffs' motion for a Mareva injunction in a complex commercial fraud action, the court determined the costs payable to the successful defendants.

The court awarded partial indemnity costs to one group of defendants, finding that while a strong prima facie case of fraud was established against them, the injunction was denied on other grounds.

The court awarded substantial indemnity costs to two other groups of defendants against whom the plaintiffs failed to establish a strong prima facie case of fraud.

The court also addressed costs related to advance funding applications under the Canadian Business Corporations Act.

The plaintiffs brought a motion for a Mareva injunction (asset freezing order) against several defendants, alleging a complex commercial fraud involving misappropriated funds, illicit acquisition fees, and kickbacks across multiple real estate development projects.

While the court found a strong prima facie case of fraud against the defendant Lee regarding his receipt of concealed acquisition fees, it found no such case against the other responding defendants.

Ultimately, the court dismissed the motion against all defendants because the plaintiffs failed to establish a real risk of asset dissipation, irreparable harm, or that the balance of convenience favoured granting the extraordinary remedy.