Offers to Settle and Double Cost Awards

Offers to Settle and Double Costs

Connor Estate 2017 BCSC 1341 dealt with the issue of whether the plaintiff should be  awarded double costs after the filing of an offer to settle that the plaintiff beat at the trial. The issue was whether the plaintiff Chambers was a spouse of the… Read more

Summary of Special Costs Awarded by the Court

Summary of Special Costs

When one litigant is ordered to pay all or most of the other  litigants legal fees it is an award of special costs, and Siemens v Howard 2017 BCSC 1193 is a good summary of when the court will award special costs. The single standard… Read more

Is it a Petition or Notice of Claim?

Petition or Notice of Claim?

Litigators must choose the appropriate forum to commence a court action: a petition or notice of claim. Most cases are commenced by the use of a notice of claim while certain types of cases may or must be commenced by petition. Carphin v Braich Estate… Read more

Ordering Court Costs Against a Non-Party

Ordering Court Costs Against a Non-Party

Hollander v Mooney 2017 BCCA 238 discussed the Court’s jurisdiction to order costs against a non-party and held that it is limited to special circumstances such as fraudulent conduct, abuse of process, gross misconduct, or circumstances where the non-party is the “real litigant”: Anchorage Management… Read more

costs against lawyers

Personal Court Costs Against Lawyers

C.A.S. of the R.M.of W. v C.T.and J.B. 2017 ONSC 318 awarded personal court costs of $100,000 against a lawyer for her role in a custody battle involved in the Children’s Aid Society. The court found that the lawyer’s tactics and strategy had caused an… Read more

How the Award of Court Costs are Made in British Columbia

This video is about court costs. Typically and historically, court costs often came out of the estate. The unsuccessful party did not have to pay the winning party and that was the way it was for many, many years. Approximately 20 years ago in British… Read more

Determining Legal Fees When No Retainer Agreement is Present

Determining Legal Fees When No Retainer Agreement is Present

If a lawyer does not have a contingency fee agreement or retainer agreement then the courts will use various criteria to determine the appropriateness of the legal fees based on quantum meruit (a reasonable fee for services rendered). One of the chestnuts in this area of… Read more

Costs: The Standard of Review

Costs: The Standard of Review

The BC Court of Appeal in Giles v Westminster Savings Credit Union 2010 BCCA 282 reviewed the standard of awarding costs and the various purposes for an award of costs. The case was recently followed in Kyle Estate v Kyle 2017 BCSC 752 which stated… Read more

Special Costs Not to Include Pre Litigation Conduct

Special Costs Not to Include Pre Litigation Conduct

The BC Appeal court in Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA  extensively reviewed the law relating to an award of special costs and held that reprehensible pre litigation conduct should not be included when a judge exercises his or her discretion  as to award… Read more

Double Costs: Rule 9-1(5)

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 court… Read more

Court Costs Awarded Against Lawyer Personally

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

Estoppel By Convention

Estoppel By Convention. The Supreme Court of Canada has set out the criteria as to what establishes estoppel by convention in Ryan v. Moore, 2005 SCC 38, [2005] 2 S.C.R. 53. In paragraphs 53 and 54, the Court sets out how the forms of estoppel… Read more

Mutual Release

At the end of each court case, the lawyers generally have each party sign a Mutual release that in layman’s terms means they will never sue each other for the same matter again, it being a final settlement. The mutual release signed by the parties… Read more

Credibility – Who Is Believed Wins

Credibility  is whoever is believed , usually wins the case.One can have the best of court cases, but if the Judge does not believe your client’s testimony, as  there is no witnesses credibility, usually results in a lost trial. The BC  Court of Appeal in… Read more

Abuse of Process: Misusing the Court's Process for Ulterior Purpose

Abuse of Process: Misusing the Court’s Process for Ulterior Purpose

The tort of abuse of process is made out when a party shows a misuse or perversion of the Court’s process for an exterior or ulterior purpose. In other words, using a certificate of pending litigation to tie up a property and prevent it being… Read more