PRICEWATERHOUSECOOPERS INC v PERPETUAL ENERGY INC

A former director of a public corporation successfully defended an Action brought against her by the Trustee of that corporation’s estate in bankruptcy. The former director sought the Costs of the Action to which she was presumptively entitled by virtue of Rule 10.29. The Court observed its broad discretion in awarding Costs, as authorized in Rule 10.31, and the factors relevant to the exercise of that discretion, as set out in Rule 10.33. Following a detailed review of the available evidence, Justice Nixon found that the Trustee had engaged in misconduct sufficient to warrant an award of Costs on a solicitor-client basis, payable directly by the Trustee as the true promoter of the litigation.