Contesting Estate Legal Fees
February 12, 2018 No Comments
Beneficiaries of an estate ordinarily have standing to contest legal bills if an executor seeks to be indemnified for the lawyer’s bill from the estate.
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Special Costs In S 58 WESA Application
September 11, 2017 No Comments
Re: Hadley Estate 2017 BCCA 311 the BC Appeal court upheld the principle of costs in estate litigation where the litigation is necessary due to
The Proportionality Principle
August 30, 2017 No Comments
Campoli Electric Ltd v Georgian Clairlea Inc 2017 ONSC 4898 commented on the proportionality principle that is emerging in litigation- the quest for a cultural
Amending Pleadings
August 30, 2017 No Comments
The Law regarding Amending pleadings was discussed in Director of Civil Forfeiture v Sanghera 2017 BCSC 863 where the director applied to amend the notice
Power of Attorney Compensation
August 23, 2017 No Comments
An attorney under a power of attorney in British Columbia cannot be compensated for services provided unless the document expressly provides for same. The attorney
Executor Personally Liable for Court Costs
August 22, 2017 No Comments
Craven v Osdacz 2017 ONSC 4396 held an executor of an estate personally liable for costs totalling about $150,000 for reckless and unreasonable behaviour that
Offers to Settle and Double Costs
August 4, 2017 No Comments
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
Summary of Special Costs
July 17, 2017 No Comments
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
Petition or Notice of Claim?
July 11, 2017 No Comments
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
Ordering Court Costs Against a Non-Party
July 4, 2017 No Comments
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