Court Costs

Assessing Special Costs in Estate Litigation

Re Derco Estate 2023 BCSC 1622 involved the assessment of special costs for a two day passing of accounts hearing  The following is an excerpt of the principles of law
Dishonest Testimony In Itself Doesn't Warrant Special Costs

Dishonest Testimony In Itself Doesn’t Warrant Special Costs

AM Gold Inc. v Kaizen Discovery Inc. 2022 BCCA 284 reviewed the law on an award of special costs and in particular found that dishonest testimony in itself does not
General Cost Assessment Principles 2022

General Cost Assessment Principles 2022

Sherwood v The Owners of Strata Lot 1549 2022 BCSC 1349 provides an excellent and thorough review of hos cost assessment and disbursements . Rule 14-1 deals with cost assessment.
Court Costs Framework In Civil Cases 2022

Court Costs Framework In Civil Cases 2022

Einboden v Porter 2022 BCSC 1227 set out a good explanation and framework of how the court considers and awards court costs. Costs of a proceeding must be awarded to

Special Costs 2021

Malacek v Young  BCSC 2021 awarded special costs against the daughters of the deceased who claimed that the surviving spouse of 37 years had separated prior to the deceased’s death.

Offers to Settle and Double Costs

Yeomans v Buttar 2021 BCSC 1394 awarded double costs where the plaintiff’s offer to settle was not beaten by the defence. The costs of an action in this court are

Security For Costs of $150,000 Ordered

The court in Global Chinese Press Inc ( Global) v Zhang et al 2021 BCSC 999 ordered Global to post security for court costs in the amount of $150,000 within
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