Grewal v. Grewal

Grewal v. Grewal

Harminder and Zora were substantially successful; costs are awarded accordingly: Scale C costs for the partition proceedings prior to and including December 7, 2007; special costs at 85% of actual (Harminder) or reasonable (Zora) legal fees, disbursements and taxes for steps after December 7, 2007 through April 30,...

Source-derived case information.

Citation
2014 BCSC 1545
Parties
Petitioner/defendant: Harminder Singh Grewal; Respondent/plaintiff: Harbans Singh Grewal; Respondent/defendant: Zora Singh Grewal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 August 2014
Procedural Posture
Civil Litigation: Partition of Property and Related Ownership and Accounting Action / Costs Application and Reasons for Judgment (post Trial/costs Assessment Referral)
Outcome
Costs awarded to Harminder Singh Grewal and Zora Singh Grewal against Harbans Singh Grewal as set out below; matter referred to Registrar for assessment of amounts and payable forthwith
Legal Topics
Partition of Property, Certificate of Pending Litigation (cpl), Special Costs, Scale C Costs and Uplift Under Appendix B, Security for Costs, Appointment and Conduct of Receiver
Source Language
english
Civil Procedure Property Law Trusts and Equitable Remedies Costs Law Land Title Law Partition of Property Certificate of Pending Litigation (cpl) Special Costs +3 more

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Summary, issues, holding and outcome

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Parties

Harminder Singh Grewal

Petitioner/defendant

Harbans Singh Grewal

Respondent/plaintiff

Zora Singh Grewal

Respondent/defendant

Procedural Posture

Civil Litigation: Partition of Property and Related Ownership and Accounting Action / Costs Application and Reasons for Judgment (post Trial/costs Assessment Referral)

Legal Issues

  1. 1 Whether successful parties (Harminder and Zora) are entitled to special costs against Harbans
  2. 2 Whether Scale C costs and an uplift under Appendix B s.2(5) are appropriate
  3. 3 Whether costs relating to CPL removal and related proceedings should be awarded

Ratio Decidendi

Harminder and Zora were substantially successful; costs are awarded accordingly: Scale C costs for the partition proceedings prior to and including December 7, 2007; special costs at 85% of actual (Harminder) or reasonable (Zora) legal fees, disbursements and taxes for steps after December 7, 2007 through April 30, 2013 and for CPL-related proceedings; uplift of 1.5 denied; amounts to be assessed by the Registrar and payable forthwith, with specified limited awards (party-party $3,200 for abandoned appeals).

Court Disposition

Costs awarded to Harminder Singh Grewal and Zora Singh Grewal against Harbans Singh Grewal as set out below; matter referred to Registrar for assessment of amounts and payable forthwith

Orders

  • Harminder awarded Scale C costs for partition proceedings up to and including December 7, 2007
  • Harminder awarded special costs at 85% of actual legal fees, disbursements and taxes for partition proceedings after December 7, 2007 through April 30, 2013 and for CPL-related proceedings in the ownership and accounting action; amounts to be determined by the Registrar