2 total
The court awarded substantial indemnity costs of $169,000 against the applicants for pursuing unmeritorious litigation.
This is a costs decision arising from an application for oppression remedies and wide-ranging relief that was dismissed in its entirety.
The respondents sought full indemnity costs of $273,584.40, with alternatives of substantial indemnity or partial indemnity costs.
The applicants sought partial indemnity costs of $60,000.
The court awarded substantial indemnity costs of $169,000, finding that the applicants had pursued an unmeritorious application in breach of a prior settlement and enforcement order, with conduct that was unreasonable and unsupported by evidence.
The court also addressed the personal liability of Roland Foch and the joint and several liability of Roland Foch and Frank Foch's estate.
The court dismissed a shareholder's oppression application against a gun club due to lack of standing, expired limitation periods, and a prior settlement release.
The court dismissed the application by Roland Foch and the estate of Frank Foch against Sharon Gun Club and related entities.
The applicants sought various remedies including oppression, a declaration of illegal operation, and financial/accounting relief.
The court found the applicants lacked standing against two of the three respondents, that the application was barred by prior litigation and settlement, and that the claims were statute-barred.
On the merits, the court found no evidence of oppression, financial impropriety, or illegal operation.
The court also granted a limited sealing order for a redacted shareholder list exhibit.
