A secured creditor sought disclosure of financial information under a general security agreement and s. 18 of the Personal Property Security Act after the debtor and another secured party failed to provide requested information.
The proceeding ultimately resolved after undertakings were given during cross‑examination and the disclosure was substantially provided.
On a subsequent costs motion, the court held the respondents had unreasonably resisted disclosure and filed extensive irrelevant evidence to delay the proceeding.
The court found this conduct constituted reprehensible litigation behaviour warranting elevated costs.
Substantial indemnity costs were awarded to the applicant.
