Roerick v. Dowrich

Roerick v. Dowrich

Master Bouck awarded the claimant special costs in the amount of $11,033.30, finding the time recorded was reasonable, the result achieved was optimal, and that special costs need not be full indemnity but should reflect what a reasonable client would pay a reasonably competent solicitor; the Director's position necessitated the application and did not justify reduction of the bill.

Citation
2013 BCSC 1174
Parties
Claimant: Jana Marie Roerick; Respondent: Marcus Ernest Dowrich; Interested Party: Director of Maintenance Enforcement
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 July 2013
Procedural Posture
Costs Assessment (family Law) / Assessment of Special Costs by Master Bouck
Outcome
Special costs awarded to the claimant
Legal Topics
Maintenance Enforcement, Special Costs, Priority of Lien, Supreme Court Civil Rules
Source Language
English
Family Law Civil Procedure Costs Maintenance Enforcement Special Costs Priority of Lien Supreme Court Civil Rules

Case Brief

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Parties

Jana Marie Roerick

Claimant

Marcus Ernest Dowrich

Respondent

Director of Maintenance Enforcement

Interested Party

Procedural Posture

Costs Assessment (family Law) / Assessment of Special Costs by Master Bouck

Legal Issues

  1. 1 Whether the Director's lien is entitled to full share of sale proceeds or no better than debtor's interest
  2. 2 Whether the court should exercise its discretion under s.26 of the Family Maintenance Enforcement Act to override the Director's charge
  3. 3 Whether special costs are appropriate and what amount is reasonable

Ratio Decidendi

Master Bouck awarded the claimant special costs in the amount of $11,033.30, finding the time recorded was reasonable, the result achieved was optimal, and that special costs need not be full indemnity but should reflect what a reasonable client would pay a reasonably competent solicitor; the Director's position necessitated the application and did not justify reduction of the bill.

Court Disposition

Special costs awarded to the claimant

Orders

  • Director of Maintenance Enforcement to pay special costs to the Claimant in the amount of $11,033.30
  • Certificate of costs endorsed accordingly