Applicant
Respondent
Background:
The case involved a longstanding conflict between two groups of shareholders, the Egger family (including Pamela Egger, Cheryl Egger, Dean Egger, Kyle Egger, R. Todd Egger, Egger Holdings Ltd., and Chuan Ng) and the Waisman group (led by Robert Waisman, Martin Hector, and others). The parties jointly owned and managed hotel-operating companies in Saskatchewan but faced irreconcilable disputes over governance, alleged oppressive conduct, and management decisions.
Legal Issues:
The Egger group applied for liquidation or division of the hotel-operating companies under the Saskatchewan Business Corporations Act, alleging deadlock and intractable conflicts. They also sought solicitor-client costs, claiming the Waisman group's conduct during litigation was unreasonable and reprehensible. The Waisman group opposed, seeking normal party-party costs.
Court's Ruling:
The court found the parties to be in a deadlock and ordered a division of the companies, as equitable remedies were warranted. Justice Scherman deemed the Waisman group's conduct in the proceedings to be reprehensible, including delaying tactics, irrelevant filings, and unfounded allegations.
Costs Awarded:
The court awarded the Egger group 75% of their solicitor-client costs, totaling approximately $229,028 (75% of $305,371.75). This included 50% for equal benefit to both parties and an additional 25% due to the Waisman group's conduct. Additionally, Egger and Ng were entitled to three times Column Three of the Tariff of Costs for the application.
Court
Court of King's Bench for SaskatchewanCase Number
QBG-SA-00235-2022Practice Area
Corporate & commercial lawAmount
$ 229,028Winner
ApplicantTrial Start Date
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