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

Wills Variation and Court Costs

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

Fertility and WESA: Is This Reproductive Matter Property?

Fertility and WESA

A deceased husband’s frozen sperm at a fertility centre was declared to be personal property under WESA and previous case law and thus could be inherited by the widow on an intestacy. The court in KLW v Genesis Fertility Centre 2016 BCSC 1621 ordered to release of… Read more

Taxation of a Lawyers Account

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

Legal Fees Agreements

Legal Fees Agreements

The test as to whether a legal fees agreement was “fair and reasonable” was recently reviewed in Hammerberg Lawyers LLP v Ikeda 2016 BCSC 621. The agreement in question was a contingency fee agreement. The lawyers worked on a difficult case for a long time… Read more

Quantifying Special Costs and Contingency Fees

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

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

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

The Courts Power to Amend Pleadings

It is frequent in estate litigation that new facts arise and the claim must be amended to provide for the adequate remedy. This blog is a summary of the courts power to make such an order.   Rule 6-1(1) of the Supreme Court Rules provides… Read more

Implied Confidentiality

The Implied Confidentiality of Documents In Litigation

deals with the issue of confidentiality of document exchange in litigation relating to the disclosure of documents to non-parties to the litigation, without the consent of the actual parties to the litigation. The court held that to disclose discovery information by the parties to nonparties, constitutes… Read more

Pleading Invalid Will and Wills Variation Claim Together Allowed

From time to time during the almost 40 years that I have practiced estate litigation, I have been told by various opposing counsel that it is inappropriate to plead in the same court action that a will is not valid, and therefore must be proved… Read more

Court of Appeal Rules on Res Judicata, Abuse of Process and Estoppel

Bronson v. Tompkins Ranching Ltd., 2013 BCCA 477 The Beneficiaries of a trust obtained a judgment against the trustee for a breach of trust in relation to the sale of shares by the trust. They then commenced a second action, against the recipient of the… Read more