S-31.1 - Business Corporations Act

Section 443 Disposition versions

2016-01-01

443. In an application made under subdivision 2, 3, 5 or 7, the court may, at any time, order a corporation or any of its subsidiaries to pay to the applicant interim costs, including professional fees, to the extent that they are reasonable. The applicant may be held accountable for such interim costs at the time of the final decision.

The court grants interim costs, on the terms determined by the court, if it considers that

(1)  the financial situation of the corporation or its subsidiary enables payment of such costs;

(2)  the application appears reasonably founded; and

(3)  the financial situation of the applicant would not allow the application to be made or maintained without payment of such interim costs.

In its assessment of the financial situation of the applicant, the court need not consider whether or not the situation results from the conduct of the corporation or its subsidiary.

2009, c. 52, s. 443; I.N. 2016-01-01 (NCCP).

2011-02-14

443. In an application made under subdivision 2, 3, 5 or 7, the court may, at any time, order a corporation or any of its subsidiaries to pay to the applicant interim costs, including judicial and extrajudicial fees, to the extent that they are reasonable. The applicant may be held accountable for such interim costs at the time of the final decision.

The court grants interim costs, on the terms determined by the court, if it considers that

(1)  the financial situation of the corporation or its subsidiary enables payment of such costs;

(2)  the application appears reasonably founded; and

(3)  the financial situation of the applicant would not allow the application to be made or maintained without payment of such interim costs.

In its assessment of the financial situation of the applicant, the court need not consider whether or not the situation results from the conduct of the corporation or its subsidiary.

2009, c. 52, s. 443.