Canada Judgment

Supreme Court of British Columbia

Plackova v. Turcott

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Source document

01

Holding and result

The court exercised its authority to prevent prejudice by superseding paragraph 14 of the Supplementary Reasons for Judgment and ordering that the defendants' costs be set off against the plaintiff's total costs and the plaintiff's award; all other parts of the Supplementary Reasons were confirmed.

Court disposition

Paragraph 14 of the first Supplementary Reasons for Judgment is superseded and replaced; all other aspects of the Supplementary Reasons are confirmed.

Orders

  • Paragraph 14 of the first Supplementary Reasons for Judgment is superseded by new paragraph 14.
  • The costs of the defendants to be set-off against the total of the costs of the plaintiff and the award to the plaintiff.
  • In all other respects the Supplementary Reasons for Judgment are confirmed.

02

Material facts

Parties

Slavomira Plackova

Plaintiff Counsel: Stuart J. Lein

Rebecca Ann Turcott

Defendant Counsel: Timothy H. Pettit

Patricia Ann Turcott

Defendant Counsel: Timothy H. Pettit

Oldrich Prexler

Defendant Counsel: Timothy H. Pettit

03

Procedural history

  1. Posture

    Civil Litigation / Post Judgment (supplementary Reasons for Judgment on Costs)

04

Questions and positions

Legal issues

Party arguments

Applicant
Plaintiff's counsel submitted that the original costs order could result in an injustice to the defendants and proposed that paragraph 14 be amended so that the costs of the defendants be set off against the plaintiff's total costs and the plaintiff's award.
Respondent
Defendants' position is not separately recorded in the reasons; court proceeded to amend the costs provision to avoid prejudice to the defendants.

05

Court’s reasoning

  1. 01

    Inherent jurisdiction of the court / practice of the Supreme Court

    A court may amend or clarify its own orders to prevent prejudice and secure a just outcome

  2. 02

    Practice and authorities on costs and disbursements

    Costs between parties may be set off against each other as part of costs determinations

06

Ratio, limits and disposition

Ratio decidendi

The court exercised its authority to prevent prejudice by superseding paragraph 14 of the Supplementary Reasons for Judgment and ordering that the defendants' costs be set off against the plaintiff's total costs and the plaintiff's award; all other parts of the Supplementary Reasons were confirmed.

Court disposition

Paragraph 14 of the first Supplementary Reasons for Judgment is superseded and replaced; all other aspects of the Supplementary Reasons are confirmed.

  • Paragraph 14 of the first Supplementary Reasons for Judgment is superseded by new paragraph 14.
  • The costs of the defendants to be set-off against the total of the costs of the plaintiff and the award to the plaintiff.
  • In all other respects the Supplementary Reasons for Judgment are confirmed.

Source and reliance status

Supreme Court of British Columbia · 4 December 2001

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of British Columbia

Judgment· 4 December 2001

2001 BCSC 1691

2001BCSC1691 Citation: Plackova v. Turcott Date: 20011204 2001 BCSC 1691 Docket: B992684 Registry: Vancouver

IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN:

SLAVOMIRA PLACKOVA

PLAINTIFF AND:

REBECCA ANN TURCOTT

PATRICIA ANN TURCOTT

OLDRICH PREXLER

DEFENDANTS

SECOND SUPPLEMENTARY REASONS FOR JUDGMENT

OF THE HONOURABLE MR. JUSTICE COULTAS Counsel for Plaintiff: Stuart J. Lein Counsel for Defendants: Timothy H. Pettit Place of Trial: Vancouver, B.C. [1] On August 23rd, 2001 I handed down Supplementary Reasons for Judgment which dealt with the issue of costs. I said, inter alia: There will be a set-off of costs and disbursements between the parties. [2] On October 26th I received a letter from counsel for the plaintiff submitting that my costs order may result in an injustice to the defendants, and suggesting that my costs order should read: The costs of the defendants to be set-off against the total of the costs of the plaintiff and the award to the plaintiff. [3] Upon receipt I wrote to Mr. Lein, counsel for the plaintiff, asking if he intended to respond to the October 25th letter and on November 7th he advised me that he did not intend to do so. [4] Given that my original costs order could result in prejudice to the defendants I order that paragraph 14 of the first Supplementary Reasons for Judgment be superseded by this new paragraph 14 which reads: The costs of the defendants to be set-off against the total of the costs of the plaintiff and the award to the plaintiff. [5] In all other respects I confirm my Supplementary Reasons for Judgment. "G.R.B. Coultas, J." The Honourable Mr. Justice G.R.B. Coultas

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