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Corporate claims stayed in favour of arbitration; applicant awarded $53,995 in interim costs for oppression claim.
The applicant brought a family law and oppression application against her former spouse, his business partner, and their jointly owned corporation.
The business partner brought a motion to stay the corporate claims against him in favour of arbitration pursuant to a shareholder's agreement.
The applicant brought a cross-motion for financial disclosure and interim costs to fund her oppression claim.
The court granted the stay of the corporate claims, finding they fell within the mandatory arbitration clause.
However, the court also ordered the respondents to provide the requested financial disclosure to assist the arbitration and family law proceedings, and ordered the corporation to pay $53,995 in interim costs to the applicant under s. 249(4) of the OBCA to fund her forensic accounting and legal fees.
