Michael Wade

The applicant sought a declaration that his mother and sister were not appointed directors of the respondent corporation in 2005, and that his mother did not purchase shares during a corporate restructuring.

He also sought rectification of corporate documents under s. 250 of the OBCA.

The court dismissed the application, finding that despite missing and unexecuted documents, the parties' subsequent conduct and other documentary evidence established a valid share transfer and director appointments.

The applicant failed to meet the test for rectification, as he could not prove a prior agreement that differed from the existing corporate records.

This is a costs endorsement following the dismissal of the applicant's motion for financial disclosure.

The applicant, Barbara Cohen, sought extensive financial disclosure from the Estate of Sidney Cohen and other parties, which the court found to be an attempt to circumvent a prior bifurcation order by Justice Audet.

The court dismissed the disclosure motion and subsequently awarded costs to the successful respondents and non-parties, including the Estate, Susan Charendoff, Brian Cohen, and several corporate non-parties.

The decision addresses the principles of costs, including partial indemnification, encouraging settlement, discouraging inappropriate behavior, and ensuring justice, while considering the reasonableness and proportionality of the requested amounts.