Campbell et al. v. Brar et al.
Rob Campbell
Law Firm / Organization
Pitblado LLP
Rickvinder Brar
Law Firm / Organization
Olschewski Davie
5174245 Manitoba Ltd.
Law Firm / Organization
Fast Trippier Law
Satnam Brar
Law Firm / Organization
Fast Trippier Law
Tartan Towing
Law Firm / Organization
Fast Trippier Law

Background:
The litigation originated in 2016 when a notice of application sought relief under the oppression remedy provisions of The Corporations Act (C.C.S.M. c. C225). The dispute involved allegations of misconduct and unfair treatment among the company’s directors and shareholders. By 2018, a consent order allowed three related actions to be tried together. The trial proceeded in two stages, concluding with a decision in November 2022 on liability issues. Costs had to be determined separately, leading to a subsequent hearing in May 2023.

Legal Issues:
Rickvinder Brar filed a motion seeking to have the court reconsider its decision on costs, arguing that opposing counsel misled the court during the original costs hearing. He contended that certain factors, such as the necessity of trial adjournments and additional examinations, were misrepresented, thus warranting a review of the costs decision.

Court's Decision:
The court denied Rickvinder Brar’s motion, stating that he did not provide sufficient grounds for reconsideration. It emphasized the importance of finality in litigation and found that his new arguments could have been made at the initial hearing.

Costs Awarded:
The court ordered Rickvinder Brar to pay costs to Rob Campbell and Satnam Brar, including an existing order of $5,000 each, plus additional costs under the King’s Bench Tariff as a Class 4 proceeding.

Court of King's Bench Manitoba
CI 16-01-01948; CI 16-01-00868; CI 16-01-01986
Corporate & commercial law