Steele v. Steele

Steele v. Steele

Court awarded $5,000 compensation for claimant's missing personal property, declined to award punitive damages because none were pleaded at trial and compensation was assessed, denied special costs but awarded double costs at Scale B from January 25, 2011 onward with Scale B costs prior to that date, because enhanced costs were appropriate given the unnecessary litigation and offer to settle relationship.

Citation
2011 BCSC 1168
Parties
Claimant: Elaine Steele; Respondent: Kenneth Brian Steele
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 August 2011
Procedural Posture
Family Law Property and Costs / Post‑judgment Costs Application Following Six‑day Trial and Judgment Rendered April 14, 2011
Outcome
Claimant awarded $5,000 for disposed personal property; punitive damages not awarded; claimant awarded costs at Scale B up to January 25, 2011 and double costs at Scale B thereafter; special costs not awarded.
Legal Topics
Separation Date Dispute, Division of Property, Chattels Compensation, Special Costs, Double Costs, Offer to Settle
Source Language
English
Family Law Civil Procedure Costs Law Separation Date Dispute Division of Property Chattels Compensation Special Costs Double Costs +1 more

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Parties

Elaine Steele

Claimant

Kenneth Brian Steele

Respondent

Procedural Posture

Family Law Property and Costs / Post‑judgment Costs Application Following Six‑day Trial and Judgment Rendered April 14, 2011

Legal Issues

  1. 1 Whether claimant entitled to compensation for personal property disposed by respondent
  2. 2 Whether punitive damages should be awarded for respondent's conduct regarding chattels
  3. 3 Whether special costs should be awarded for reprehensible conduct

Ratio Decidendi

Court awarded $5,000 compensation for claimant's missing personal property, declined to award punitive damages because none were pleaded at trial and compensation was assessed, denied special costs but awarded double costs at Scale B from January 25, 2011 onward with Scale B costs prior to that date, because enhanced costs were appropriate given the unnecessary litigation and offer to settle relationship.

Court Disposition

Claimant awarded $5,000 for disposed personal property; punitive damages not awarded; claimant awarded costs at Scale B up to January 25, 2011 and double costs at Scale B thereafter; special costs not awarded.

Orders

  • Award $5,000 to claimant as compensation for missing personal items, to be applied to claimant's share of the Aldergrove property sale proceeds
  • Punitive damages claim denied