Young v. Veselic

Young v. Veselic

Given mixed results where the dominant financial issue (setting aside the house transfer) was lost by the plaintiff, absence of reprehensible conduct by either party, and reasonable refusal to accept the settlement offer in context of incomplete discovery, each party must bear their own costs; the defendant is specifically denied costs from the Estate because his discovery misconduct while acting in dual roles deprived him of executor indemnity.

Citation
2023 BCSC 721
Parties
Plaintiff / Respondent: Ivana Young; Defendant / Petitioner / Executor: Stanislav Veselic; Estate: Estate of Kristina Veselic
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 May 2023
Procedural Posture
Wills Validity and Variation; Probate Petition / Supplementary Reasons on Costs Following Judgment
Outcome
Each party shall bear their own costs. The defendant is not entitled to recovery of costs from the Estate. Costs of the March 23, 2021 application are in the cause.
Legal Topics
Will Validity, Undue Influence, Variation of Will, Executor Indemnity, Special Costs, Offer to Settle, Document Production, Apportionment of Costs
Source Language
English
Wills and Estates Civil Procedure Costs and Litigation Conduct Discovery and Production Probate Will Validity Undue Influence Variation of Will +5 more

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Parties

Ivana Young

Plaintiff / Respondent

Stanislav Veselic

Defendant / Petitioner / Executor

Estate of Kristina Veselic

Estate

Procedural Posture

Wills Validity and Variation; Probate Petition / Supplementary Reasons on Costs Following Judgment

Legal Issues

  1. 1 Whether one party should be awarded costs against the other or each bear their own costs
  2. 2 Whether special costs are warranted for reprehensible conduct
  3. 3 Whether an Offer to Settle should attract double or other enhanced costs

Ratio Decidendi

Given mixed results where the dominant financial issue (setting aside the house transfer) was lost by the plaintiff, absence of reprehensible conduct by either party, and reasonable refusal to accept the settlement offer in context of incomplete discovery, each party must bear their own costs; the defendant is specifically denied costs from the Estate because his discovery misconduct while acting in dual roles deprived him of executor indemnity.

Court Disposition

Each party shall bear their own costs. The defendant is not entitled to recovery of costs from the Estate. Costs of the March 23, 2021 application are in the cause.

Orders

  • Each party to bear their own costs of these proceedings
  • Defendant is not entitled to costs payable from the Estate of Kristina Veselic due to discovery misconduct while acting in dual roles