The appellants, a former condominium owner and a former management company, appealed a summary judgment dismissing their action against a condominium corporation and its directors for alleged misappropriation of funds.
The Court of Appeal upheld the dismissal against the participating defendants, agreeing that the appellants lacked standing because they had no direct interest in the corporation's funds.
However, the Court allowed the appeal regarding the non-participating defendants, as they had not sought summary judgment, and set aside the costs award because it was improperly made on a full indemnity basis without allowing the appellants to respond.