Glazewski v. Easterbrook

Glazewski v. Easterbrook

Because the respondent failed to make full and frank disclosure in his without notice application the applicant was entitled to an award of special costs (as a rebuke), solicitor and own client costs were not warranted absent fraud or contempt, the failure to claim costs in the Notice of Application was an irregularity corrected by prior notice and the court's discretion, and costs awarded are payable forthwith after assessment.

Citation
2012 BCSC 1699
Parties
Claimant: Angela Maria Glazewski; Respondent: Michael Warren Easterbrook
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 November 2012
Procedural Posture
Family Law Application to Set Aside Without Notice Order / Costs Application (chambers, Post Final Order)
Outcome
Application to set aside without notice order granted; applicant awarded special costs for the set aside except preparatory Notice of Application costs assessed as ordinary; solicitor and own client costs denied; costs of this costs application awarded as ordinary costs; costs payable forthwith after assessment.
Legal Topics
Without Notice Application, Full and Frank Disclosure, Special Costs, Solicitor and Own Client Costs, Costs Payable Forthwith
Source Language
English
Family Law Civil Procedure Costs Without Notice Application Full and Frank Disclosure Special Costs Solicitor and Own Client Costs Costs Payable Forthwith

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Angela Maria Glazewski

Claimant

Michael Warren Easterbrook

Respondent

Procedural Posture

Family Law Application to Set Aside Without Notice Order / Costs Application (chambers, Post Final Order)

Legal Issues

  1. 1 Whether successful applicant is entitled to costs where no costs were awarded at trial under Family Rule 16‑1(9)(a)
  2. 2 Whether failure to claim costs in the Notice of Application bars a costs award
  3. 3 Whether alleged breach of final order disentitles applicant to costs

Ratio Decidendi

Because the respondent failed to make full and frank disclosure in his without notice application the applicant was entitled to an award of special costs (as a rebuke), solicitor and own client costs were not warranted absent fraud or contempt, the failure to claim costs in the Notice of Application was an irregularity corrected by prior notice and the court's discretion, and costs awarded are payable forthwith after assessment.

Court Disposition

Application to set aside without notice order granted; applicant awarded special costs for the set aside except preparatory Notice of Application costs assessed as ordinary; solicitor and own client costs denied; costs of this costs application awarded as ordinary costs; costs payable forthwith after assessment.

Orders

  • Respondent to pay Applicant special costs of the application to set aside the July 18, 2012 without notice order, except that costs of preparing the Notice of Application to be assessed as ordinary costs.
  • Costs of the application for costs to be paid by Respondent to Applicant as ordinary costs.