Canada Judgment

British Columbia Court of Appeal

Berthin v. Berthin

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court exercised its discretion and ordered that each party bear their own costs of the appeals, declining to make any costs awards to any party.

Court disposition

Each party shall bear their own costs of the appeals.

Orders

  • Each party shall bear their own costs of the appeals.

02

Material facts

Parties

Helen Berthin

Respondent (claimant) Counsel: N.W. Lott

Wayne Berthin

Appellant Counsel: K. Hauer

Roy Lyn Sherrod

Respondent Counsel: J.A. Hall

Patsy Spikes Sherrod

Respondent Counsel: J.A. Hall

The Bank of Nova Scotia

Respondent

03

Procedural history

  1. Posture

    Appeal / Supplementary Judgment (costs)

04

Questions and positions

Legal issues

Party arguments

Applicant
Multiple parties applied for costs arguing entitlement following resolution of the appeals and sought orders for costs against other parties.
Respondent
Responding parties opposed awards of costs or sought different allocations; generally urged the court to decline special costs given the long concluded nature of the proceedings.

05

Court’s reasoning

  1. 01

    Court of Appeal practice and civil procedure principles

    Costs are a matter of judicial discretion on appeal and do not automatically follow the event

  2. 02

    General civil litigation principles and appellate rules

    Ordinary rule is that costs follow the event, subject to appellate discretion to depart from that rule

06

Ratio, limits and disposition

Ratio decidendi

The court exercised its discretion and ordered that each party bear their own costs of the appeals, declining to make any costs awards to any party.

Obiter and limits

  • The matter was long concluded and the court considered written submissions before determining costs
  • The court granted supplementary reasons limited to costs

Court disposition

Each party shall bear their own costs of the appeals.

  • Each party shall bear their own costs of the appeals.

Source and reliance status

British Columbia Court of Appeal · 6 February 2020

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Judgment reading view

Judgment text

The complete available source text.

Source document

British Columbia Court of Appeal

Judgment· 6 February 2020

2020 BCCA 49

2020 BCCA 49 Berthin v. Berthin

COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Berthin v. Berthin, 2020 BCCA 49 Date: 20200206 Dockets: CA43016; CA43108 Between: Helen Berthin Respondent (Claimant) And Wayne Berthin Appellant (Respondent) And Roy Lyn Sherrod, Patsy Spikes Sherrod, and The Bank of Nova Scotia Respondents Before: The Honourable Chief Justice Bauman The Honourable Mr. Justice Groberman The Honourable Madam Justice Dickson Supplementary Reasons to Berthin v. Berthin, 2016 BCCA 362. Counsel for the Appellant: K. Hauer Counsel for the Respondent, H. Berthin: N.W. Lott Counsel for the Respondents, R. Sherrod and P. Sherrod: J.A. Hall Place and Date of Hearing: Vancouver, British Columbia September 6, 2016 Place and Date of Judgment: Vancouver, British Columbia September 6, 2016 Written Submissions Received: January 3, 7, 13 and 14, 2020 Date of Supplementary Judgment: February 6, 2020 Supplementary Reasons of the Court Summary: Supplementary reasons on costs. Supplementary Reasons of the Court: [1] Each of the parties in this long concluded matter now seek costs. We have invited written submissions and reviewed them. In the circumstances, we would direct that each party bear their own costs of the appeals in this matter. "The Honourable Chief Justice Bauman" "The Honourable Mr. Justice Groberman" "The Honourable Madam Justice Dickson"

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Berthin v. Berthin, 2016 BCCA 362

Case cited

Berthin v. Berthin, 2020 BCCA 49

Case cited

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