Background Facts:

• Brave Construction Ltd. was a construction company in which Roman Portnoy and Nicolai Ianovici were involved.
• A dispute arose over ownership and financial dealings within the company.
• Brave Construction Ltd. and Roman Portnoy alleged that Nicolai Ianovici and Trustin Construction Ltd. engaged in civil fraud and breached fiduciary duties owed to the company.
• The litigation also addressed corporate ownership, with Portnoy claiming a 50% beneficial interest in Brave Construction Ltd.

Key Legal Issues:

• Civil Fraud & Breach of Fiduciary Duty: The court found Ianovici and Trustin Construction Ltd. liable for fraud and fiduciary breaches that harmed Brave Construction Ltd.
• Corporate Ownership Dispute: The court ruled that 50% of Brave Construction Ltd.'s shares were held in trust for Roman Portnoy.
• Indemnification under the BC Business Corporations Act (BCBCA): Under s. 233(4)(b)(i), the court ordered Brave Construction Ltd. to indemnify Roman Portnoy for 50% of his litigation costs.
• Double Costs Claim: The plaintiffs sought double costs after an unaccepted August 15, 2022 settlement offer, but the court denied the request.

Costs Awarded:

• Brave Construction Ltd. was ordered to pay 50% of Roman Portnoy’s litigation costs (exact amount to be determined).
• The plaintiffs' request for a bill of costs approval and waiver of the defendants’ signature was denied.