Lions’ Gate B’nai Brith Building Society v. B’nai Brith Canada

Lions’ Gate B’nai Brith Building Society v. B’nai Brith Canada

The court applied the presumption that costs follow the event and found the facts did not justify displacing that rule: the dispute was confined to the parties, B'nai Brith Canada had an interest and capacity to pay, and the litigation was not public interest litigation; accordingly the successful petitioner was awarded costs on Scale B against B'nai Brith Canada.

Citation
2012 BCSC 336
Parties
Petitioner: Lions' Gate B'nai Brith Building Society; Respondent: B'nai Brith Canada; Respondent: Sid Alperstein; Respondent: Ariane Eckardt; Respondent: Ziggy Eckardt; Respondent: Grigori Khaskin; Respondent: Jack Chivo; Respondent: Nora Ayanian; Respondent: Roy Grinshpan; Respondent: Alex Kivritsky; Respondent: Eva Derton; Respondent: C. Rochelle Moss; Respondent: Vera Nickel; Respondent: Harvey Berenbaum; Respondent: John Yohana Cerny; Respondent: Constance Kivritsky; Respondent: Jeff Polo; Respondent: Audrey Unickow; Respondent: Mel Unickow; Respondent: Shelly Unickow-Polo; Respondent: Gabriel Patrich; Respondent: Dan Levinson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 March 2012
Procedural Posture
Petition for Declaration and Costs / Costs Decision (in Chambers)
Outcome
Costs awarded to petitioner on Scale B against B'nai Brith Canada
Legal Topics
Board Composition, Honorary Members, Costs Follow the Event, Public Interest Litigation Factors, Taxation of Costs
Source Language
English
Corporate and Commercial Law Non Profit/charities Law Civil Procedure Costs Law Board Composition Honorary Members Costs Follow the Event Public Interest Litigation Factors +1 more

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Parties

Lions' Gate B'nai Brith Building Society

Petitioner

B'nai Brith Canada

Respondent

Sid Alperstein

Respondent

Ariane Eckardt

Respondent

Ziggy Eckardt

Respondent

Grigori Khaskin

Respondent

Jack Chivo

Respondent

Nora Ayanian

Respondent

Roy Grinshpan

Respondent

Alex Kivritsky

Respondent

Eva Derton

Respondent

C. Rochelle Moss

Respondent

Vera Nickel

Respondent

Harvey Berenbaum

Respondent

John Yohana Cerny

Respondent

Constance Kivritsky

Respondent

Jeff Polo

Respondent

Audrey Unickow

Respondent

Mel Unickow

Respondent

Shelly Unickow-Polo

Respondent

Gabriel Patrich

Respondent

Dan Levinson

Respondent

Procedural Posture

Petition for Declaration and Costs / Costs Decision (in Chambers)

Legal Issues

  1. 1 Whether the successful petitioner is entitled to costs
  2. 2 Whether the charitable/volunteer nature of the dispute or public interest considerations justify departing from the normal rule that costs follow the event
  3. 3 Whether suing in the name of the society affects entitlement to costs

Ratio Decidendi

The court applied the presumption that costs follow the event and found the facts did not justify displacing that rule: the dispute was confined to the parties, B'nai Brith Canada had an interest and capacity to pay, and the litigation was not public interest litigation; accordingly the successful petitioner was awarded costs on Scale B against B'nai Brith Canada.

Court Disposition

Costs awarded to petitioner on Scale B against B'nai Brith Canada

Orders

  • Petitioner shall have costs against B'nai Brith Canada on Scale B.
  • If the parties cannot resolve the amount of costs, the matter is referred to the Registrar for taxation.