On January 29, 2021, the Supreme Court of British Columbia released its judgment in Concord Pacific Acquisitions Inc. v. Oei, 2021 BCSC 129, following a two-day special costs hearing before trial judge Mr. Justice Voith. After their sweeping success for the defendants at trial, partner Irwin G. Nathanson, Q.C. and associate Caitlin Ohama-Darcus sought special costs for the defendants — including Singaporean businessman Hong Leong Oei — on the basis that the plaintiff, Concord Pacific Acquisitions Inc., through its principal witness, had fabricated evidence to advance its claim and gave false testimony in order to mislead the court.
Finding that the plaintiff’s conduct was “egregious”, Mr. Justice Voith awarded the defendants 80% of their special costs of the proceeding and of the trial, as well as regular costs for the application. It is expected that this award will exceed $4 million.
Concord has appealed the trial judgment of Mr. Justice Voith and that appeal is ongoing.