On April 17, 2023, a litigation involving a failed business venture was resolved. The case revolved around the purchase of two franchise stores in the M&M meat shops system in 2001 through a new corporation. The business initially prospered but faced losses due to unilateral changes imposed by the franchisor. After settling litigation, the stores were sold to the franchisor at a reduced price, leaving $92,702 in the corporate bank account. However, the defendants Peter Charters and Donna Charters had removed $80,000 from the account, leading to the commencement of this action.
Ultimately, the court awarded $32,939 to the plaintiffs Roberts Bentley and Carla Bentley and $39,763 to the defendants from the remaining funds in the corporate bank account. Both parties also submitted offers to settle, with the plaintiffs seeking $145,319.87 in costs, while the defendants requested either no costs or partial indemnity costs of $105,914.41.
Considering the circumstances, including the parties' failure to achieve complete success, the court decided not to award costs to either party due to the significant litigation expense exceeding the amount claimed and recovered by each side. The court also emphasized the importance of considering proportionality and reasonableness in such cases. The dispute could have been resolved earlier if the parties had pursued mediation with a professional mediator. Overall, the lengthy and expensive litigation process highlighted the need to approach commercial disputes with alternatives to litigation.