Double Costs – Rule 9-1(5)

The plaintiff’s claim was dismissed with costs and the defendant sought double costs under Rule 9-1(5) on the basis that the defendant made an offer to settle that should have been accepted by the plaintiff.   The application for double costs was dismissed as the… Read more

Court Costs Awarded Against Lawyer Personally

The Supreme Court of Canada dismissed an appeal of the Ontario Court of Appeal upholding a a substantial award of court costs against a  lawyer personally for his handling of a case found to be vexatious and an abuse of process.  The client was also jointly… Read more

Wills Variation and Court Costs

Two recent wills variation cases awarded the usual order of court costs to a winning party, namely Scale B. In Dakin v Patry 2016 BCSC 1006 a plaintiff won a summary  trial and was awarded scale B . In Ciarniello v James 2016 BCSC 1805 the… Read more

Taxation of a Lawyers Account

Lawyer client relationships sometimes go off the rails and a dispute may arise about an unpaid account. The remedy is taxation of the account before a registrar of the Supreme  Court and both the client and the lawyer have the right to have the matter… Read more

Quantifying Special Costs and Contingency Fees

Norris v Burgess 2016 BCSC 1451 stated the law for quantifying special costs and then applied that amount towards the plaintiff’s contingency fees. Norris was an ICBC case where the judge in a Jury trial found fault on the insurer for the late production of… Read more

Settlement Offers and Court Costs

Norris v Burgess 2016 BCSC 1451 deals with settlement offers and court costs, that is how courts adjust cost upwards or downwards either in favour of one party or against the other party depending on the parties conduct and the terms of any formal offers… Read more

Failed Undue Influence Claims and Special Costs

Special costs are frequently awarded against failed litigants of undue influence claims, but this was not the case in our Allart estate v Allart 2016 BC SC 768.   There the judge declined to do so on the basis that the plaintiff had an honest… Read more

Court Costs Summarized

LeClair v Mibrella Inc. 2011 BCSC 533  summarized the law of court costs  and it  was recently re cited in Parmar Estate v Tiwari 2016 BCSC 540: costs represent an important instrument by which courts can either promote or, conversely, sanction given conduct. Rule 14-1(9)… Read more

Special Costs Summarized

Robillard v Robillard 2015 BCSC 2011 summarizes the law of special costs in the decision where special costs of the trial were awarded against the defendant who breached his fiduciary duty both in his misuse of a power of attorney before the attorney’s death as… Read more

Special Costs – Wasted Court Time

Re Haworth 2015 BCSC 1530 is an example of the increasing trend of the courts to penalize litigants wasting court time with frivolous , vexatious and primarily reprehensible conduct  by awarding special costs against the complaining party. (There are other blogs on this website giving more… Read more

Lawyers Accounts Can Be Reviewed

Clients of lawyers have the right to have the reasonableness of a lawyers accounts reviewed and assessed under the provisions of the Legal Professions act.   Hutchinson v Barnes 2015 BCSC 556 is a typical example arising out of an estate. A senior lawyer acted… Read more

Court Costs In Estate Litigation

It is very old fashioned thinking that court costs come out of the estate , win or lose, as costs are now an important factor in settlement considerations.   The decision Deuschmann Estate v Fallis  2011 BCSC 1009 at paragraph 95 sets out the general… Read more

Special Costs- What Are They?

  Special costs , in a nutshell means that the losing party pays all the  legal fees of the winning party, and are being awarded on an increasingly frequent basis for reprehensible behavior. The general public by and large for many decades already thought that… Read more

Failing to Prove Allegations of Undue Influence Can Lead to Special Costs

Failing to Prove Allegations of Undue Influence Can Lead to Special Costs awarded against the plaintiff as the courts view claims of undue influence seriously as it is a form of civil fraud. Special costs may be awarded as a means of discouraging and chastising… Read more