T. Evangelidis

Following the dismissal of the plaintiffs' claims regarding a corporate estate freeze and a vendor take-back mortgage distribution, the defendants sought costs on a substantial indemnity basis.

The court awarded substantial indemnity costs to the defendants, finding that the individual plaintiff advanced frivolous claims and made unfounded allegations of fraud against various parties, including counsel.

The court rejected the plaintiff's requests to set off unpaid dividends, include the estate in the costs liability, or reduce the award significantly.

The individual plaintiff was ordered to personally pay $150,080.01 in costs.

The plaintiff, in her personal capacity and as an estate trustee, brought an action against her brothers and several family corporations, alleging oppression, fraud, and breach of fiduciary duty regarding a 2002 estate freeze and the distribution of mortgage proceeds.

The defendants brought a cross-motion for summary judgment.

The court found that the estate freeze was validly implemented and that the distribution of the mortgage proceeds was a reasonable business decision.

The court dismissed the majority of the plaintiff's claims, finding no evidence of oppression, but ordered the corporate defendants to hold annual shareholder meetings, appoint an auditor, and retain independent counsel.

The applicant purchased property and obtained title insurance from the respondent.

The former owner sued the applicant to set aside the sale, and the respondent initially assumed the defence.

The applicant later lost title to the property through power of sale proceedings, prompting the respondent to deny a continuing duty to defend on the basis that the applicant no longer owned the property.

The applicant brought an application seeking a declaration that the respondent owed a continuing duty to defend.

The court found that the underlying action included a claim for damages based on unjust enrichment, which triggered the respondent's duty to defend even though the applicant no longer owned the property.