Chesko v. Chesko Estate

Chesko v. Chesko Estate

Petition was dismissed but did not meet the high threshold for special costs because it was not "utterly without hope", allegations were not shown to be reprehensible or made with reckless disregard for the truth, and the issues did not involve more than ordinary difficulty; accordingly costs follow the event at...

Source-derived case information.

Citation
2024 BCSC 757
Parties
Petitioner: Jason Gregory Chesko; Respondent; Executor of the Estate of Elizabeth Chesko; Trustee of the Elizabeth Chesko Alter Ego Trust No. 1; Trustee of the Elizabeth Carolyn Chesko Trust Fund: John Edward Anthony Chesko; Respondent; Trustee of the Elizabeth Carolyn Chesko Trust Fund: Jennifer Carolyn Franks
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 May 2024
Procedural Posture
Estate and Trust Litigation; Petition to Remove Executor/trustees / Costs Determination Following Dismissal of Petition; Appeal Pending
Outcome
Costs awarded to respondents John Chesko and Jennifer Franks at Scale B; costs to be paid out of petitioner's interests in the Estate and the AE Trust; petitioner responsible for his own costs.
Legal Topics
Removal of Executor, Special Costs, Costs Scale (b V C), Assessment of Costs, Executor/trustee Duties
Source Language
english
Estate Law Trusts Civil Procedure Costs Fiduciary Duty Removal of Executor Special Costs Costs Scale (b V C) +2 more

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Parties

Jason Gregory Chesko

Petitioner

John Edward Anthony Chesko

Respondent; Executor of the Estate of Elizabeth Chesko; Trustee of the Elizabeth Chesko Alter Ego Trust No. 1; Trustee of the Elizabeth Carolyn Chesko Trust Fund

Jennifer Carolyn Franks

Respondent; Trustee of the Elizabeth Carolyn Chesko Trust Fund

Procedural Posture

Estate and Trust Litigation; Petition to Remove Executor/trustees / Costs Determination Following Dismissal of Petition; Appeal Pending

Legal Issues

  1. 1 Whether special costs are warranted
  2. 2 Appropriate scale of costs (Scale B or Scale C)
  3. 3 Whether the petition was meritless or amounted to reprehensible conduct

Ratio Decidendi

Petition was dismissed but did not meet the high threshold for special costs because it was not "utterly without hope", allegations were not shown to be reprehensible or made with reckless disregard for the truth, and the issues did not involve more than ordinary difficulty; accordingly costs follow the event at Scale B and are ordered payable by the petitioner out of his interests in the Estate and the AE Trust, with quantum to be determined by the Registrar if not agreed.

Court Disposition

Costs awarded to respondents John Chesko and Jennifer Franks at Scale B; costs to be paid out of petitioner's interests in the Estate and the AE Trust; petitioner responsible for his own costs.

Orders

  • Costs following the petition to respondents at Scale B
  • Costs payable by petitioner Jason Gregory Chesko are to be paid out of his interests in the Estate of Elizabeth Chesko and the Elizabeth Chesko Alter Ego Trust No. 1 pursuant to R.14-1(13) and R.14-1(16)