Court Costs

Fraudulent Executor Ordered to Pay Costs

Fraudulent Executor Ordered to Pay Costs

Kyle estate 2017 BCSC 752 held that an executor who misappropriated trust funds was denied the legal costs of defending the pursuit of those assets and either double costs or

Special Costs 2021

It is a common public belief that the losing party in litigation pays the winning parties legal fees, but that is not the case unless the court makes an extraordinary

Special Costs of $1.2 Million Awarded

Negas v Yehia 2021 BCSC 254 in a family case awarded approximately $1.2 million dollars in legal fees against the respondent in a protracted family case that lasted 7 years

Cost Awards Against Non Parties

The BC Court of Appeal in Hollander v Mooney 2017 BCCA 238 discussed the rare circumstances where the court may award costs against  non parties. One or more of the

Non Disclosure of Assets and Special Costs

Chapman v Chapman 2020 BCSC 1986 awarded special costs against a party who failed to disclose assets in a family case as is required. Non-disclosure of assets and financial information,
Costs Against Lawyers 2020

Costs Against Lawyers 2020

In Walsh v Muirhead 2020 BCCA 225 the Court of Appeal reversed an award of costs made against a lawyer in the lower court, and recited many of the principles
Entitlement to Court Costs

Entitlement to Court Costs

The issue of entitlement to costs is increasingly relevant to estate litigation, as the stakes are often very high in emotionally fought battles between the litigants. Dn v MR 2020
Special Costs for Reprehensible Conduct

Special Costs for Reprehensible Conduct

Kim v Choi 2019 BCSC 1792 brought an application for special costs against the defendant for alleged reprehensible conduct but the court refused special costs and reviewed the law re
Court Costs and Substantial Success

Court Costs and Substantial Success

When there is divided success between the parties after a trial, and a dispute arises as to entitlement to court costs, the courts often look to which party had to
Special Costs NOT Awarded in Losing Undue Influence Claim

No Special Costs Awarded in Lost Undue Influence Claim

In Webber v Sullivan 2019 BCSC 1784 the court declined to award special costs to a defendant who successfully defended a claim brought by plaintiff alleging undue influence on the