Key Points:

• Application and Hearing:
  • Heard on March 14, 2024.
  • Mr. Gill sought an injunction to stop a Special General Meeting (SGM) on March 17, 2024, meant to vote on removing him and Mr. Gurinderjit Singh Kaura as directors.
  • The court dismissed Mr. Gill’s application the same day.
• Procedural Background:
  • Application filed on March 12, 2024, and responded to by KCU on March 13, 2024.
  • No cross-examinations occurred due to time constraints.
• Costs Submissions:
  • KCU sought full-indemnity costs of $33,875.75 plus $3,000 for preparing submissions.
  • Mr. Gill argued for costs according to Schedule C, totaling $9,100.00.
• Positions on Costs:
  • KCU: Claimed enhanced costs due to alleged fraud, delay, and the court's dismissal.
  • Mr. Gill: Opposed full indemnity costs, citing abrupt meeting scheduling and his voluntary role.
• Court's Decision on Costs:
  • Rejected KCU’s request for solicitor-client indemnity costs, finding no blameworthy conduct by Mr. Gill.
  • Awarded KCU a lump sum of $15,750.00, inclusive of fees, disbursements, taxes, and other charges.
  • Considered the complexity and urgency of the application and Mr. Gill's voluntary position.

Conclusion:

The court dismissed the injunction and awarded KCU $15,750.00 in costs, balancing the urgency of the application with Mr. Gill's volunteer role.