Berthin v. Berthin
- Citation
- 2020 BCCA 49
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- British Columbia Court of Appeal
- Decision
- 6 February 2020
- Posture
- Appeal / Supplementary Judgment (costs)
- Language
- English
More details
- Court
- British Columbia Court of Appeal
- Decision
- 6 February 2020
- Posture
- Appeal / Supplementary Judgment (costs)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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. LottWayne Berthin
Appellant Counsel: K. HauerRoy Lyn Sherrod
Respondent Counsel: J.A. HallPatsy Spikes Sherrod
Respondent Counsel: J.A. HallThe Bank of Nova Scotia
Respondent03
Procedural history
Posture
Appeal / Supplementary Judgment (costs)
04
Questions and positions
Legal issues
- 01
Whether any party is entitled to costs of the appeals
- 02
Proper allocation of costs among multiple parties
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
Legal principles
- 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
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
British Columbia Court of Appeal
Judgment· 6 February 2020
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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