Fairway Developments Ltd v Hong, 2011 ABCA 78

The appellants appealed a judgment that allowed the respondent to discontinue an action without costs and directed the appellants to pay costs on Column 1 of Schedule C to the Alberta Rules of Court. Don McGarvey acted for the Respondent. The parties made no argument before the chambers judge regarding the jurisdiction to order costs under the oppression sections of the Business Corporations Act. In following Mortgage Investment Ltd v Maclean, 1923 CanLII 409 (AB CA), the appeal was allowed in part. The portion of the judgment that directed the appellants to pay costs was set aside. The remainder of the judgment was affirmed.