Mareva Injunction: Initially granted ex parte by Justice Verner on January 9, 2023, and extended by Justice Bale on February 2, 2024, freezing Akbari’s assets (~$1.3 million).
Dismissal: February 13, 2024, the Mareva injunction was dismissed due to failure by the plaintiff to establish a strong prima facie case and lack of full and frank disclosure.
Facts:
Failed Agreement: The lawsuit stems from a failed agreement of purchase and sale (APS).
Summary Judgment: Justice Charney noted insufficient evidence on damages, creating gaps unresolved by the time of the Mareva injunction hearing.
Law and Analysis:
Entitlement to Costs: Governed by Section 131 of the Courts of Justice Act and Rule 57 of the Rules of Civil Procedure.
General Principle: The successful party (defendants) is entitled to costs unless there is a reason to depart from this principle.
Type of Costs:
Defendants’ Claim: Sought full indemnity due to plaintiff’s failure to provide full disclosure.
Plaintiff’s Claim: Argued against awarding costs, citing legitimate concerns over asset dissipation.
Court’s Decision: Partial indemnity costs awarded to balance concerns from both parties.
Conclusion:
Costs Awarded: Defendants awarded $12,500.00 plus HST and disbursements of $228.06, payable by the plaintiff within 30 days.
