Teodora Obradovic

This decision addresses the costs of a motion brought by the applicant to appoint an investigative receiver-monitor and for interim disbursements in a complex corporate/family dispute.

Although most issues were settled just before the scheduled hearing, the court found compelling reasons to award costs to the applicant due to the respondents' litigation conduct, including failure to provide proper financial disclosure and late capitulation on key issues.

The applicant was deemed the successful party, having secured the appointment of their proposed receiver and interim disbursements of $1 million.

The court awarded $125,000 in costs to the applicant, balancing the applicant's success against the proportionality of the fees incurred, and declined to order joint and several liability as requested, preserving the issue for trial.

The applicant, a minority shareholder in a family-owned commercial real estate corporation, brought an oppression application against the majority shareholder and the corporation.

The applicant alleged oppression regarding the provision of financial information, the triggering of a shotgun buy-sell clause while the application was pending, and improper disbursements made to the majority shareholder.

The court found no oppression regarding the information provision or the shotgun clause, concluding the applicant was not entitled to an additional sum for her shares beyond the designated price.

However, the court found the majority shareholder's receipt of improper disbursements was oppressive and ordered an equalization payment of $154,717 to the applicant.

The defendant sought substantial indemnity costs for the entire action after successfully moving to dismiss the proposed class action for delay.

The plaintiffs argued the costs claimed were excessive and that previous steps had already been addressed by prior costs rulings.

The court declined to award substantial indemnity costs, finding the plaintiffs' response to the motion did not warrant an elevated scale.

The court awarded the defendant partial indemnity costs for the delay motion and reimbursement for mediation disbursements, fixing costs at $125,000 all-inclusive.

The defendant, Diamond & Diamond Lawyers LLP, brought a motion to dismiss a class proceeding for delay, arguing that the plaintiffs, William Tataryn and Daya Nand Rajan, failed to comply with section 29.1 of the Class Proceedings Act, 1992.

The court found that the plaintiffs had not taken the required steps towards certification within the statutory deadline of October 1, 2021.

The court rejected the plaintiffs' arguments that their efforts to amend faulty pleadings constituted progress under s. 29.1 or that the defendant had waived its rights.

The court also dismissed the request for a "Phoenix" order, which would allow a new action to be started, deeming it contrary to the policy of s. 29.1.

The action was dismissed.

The applicant sought specific performance of an alleged agreement to purchase the respondents' shares in a corporation involved in the Thai medical cannabis industry.

The court found that the email correspondence between the parties constituted an agreement in principle, but not a binding contract, as essential terms regarding due diligence and disclosure remained unresolved.

However, the court found that a subsequent rights offering proposed by the respondents, which would have significantly diluted the applicant's minority shareholding at a below-market price, was oppressive.

The application for specific performance was dismissed, but the rights offering was permanently enjoined.