Is it possible for a shareholder-plaintiff in an oppression action to continue the action without paying interim costs?
Ontario, Canada
The following excerpt is from Tomiuck v. Tomiuck, 2003 CanLII 40711 (ON SC):
In Burnside, shareholder-plaintiffs in an oppression action moved for an order that the corporate defendants pay interim costs. An affidavit filed in support of the motion stated that the plaintiffs would find it “practically impossible” to continue the action without an award of interim costs. As “practically” meant “virtually, almost,” the court held that the plaintiffs had failed to meet the test of financial inability in Alles v. Maurice.
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