Canada Case Law

Dhillon Estate (Re)

Court

Supreme Court of British Columbia

The Opposing Children pursued serious, unsubstantiated allegations of undue influence, lack of testamentary capacity and elder abuse despite early disclosure of the solicitor's detailed file that dispelled those suspicions; their conduct was unreasonable and reprehensible, so costs follow the event and special costs are warranted to punish and deter that conduct. The Beneficiary Children and the Administrator recover their costs as special costs from the Opposing Children, to be assessed.

Source excerpt

• Probate
• Will validity
• Testamentary capacity
• Undue influence
• Special costs
• Costs follow the event

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Perez v. Alvarado

Court

Supreme Court of British Columbia

The court found on the evidence that the parties had a final binding agreement on or about January 20, 2025, that the claimant's January 16, 2025 offer (clarified as final) was accepted by the respondent through counsel's request to draft the amending agreement and by the respondent's conduct in exercising the increased parenting time, and that the terms of that final agreement are those in the draft final order dated February 21, 2025; the court therefore declared the agreement binding, ordered the final order filed and dispensed with the need for the respondent's signature, awarded costs to…

Source excerpt

• Consent order
• Desk order divorce
• Variation of parenting time
• Without prejudice except as to costs
• Special costs

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Anthony v. Anthony

Court

Supreme Court of Nova Scotia

Because the applicant was fully successful on the 2025 non-party production motion but only partially successful on the 2024 disclosure motion, and because Tariff C would yield an inadequate award in light of the respondent's and non-party's conduct (failure to produce ordered documents, filing and not supporting a motion, and prolonging litigation), the court exercised its discretion under the Civil Procedure Rules and relevant authority to award a lump sum of CAD 5,000, apportioned CAD 2,500 to 3021386 Nova Scotia Limited and CAD 2,500 to Kenneth Anthony, payable forthwith.

Source excerpt

• Disclosure
• Non-party production order
• Costs (tariff c and lump sum)
• Apportionment of costs
• Litigation misconduct

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Helmer v. KC's Pumping Services Incorporated

Court

Supreme Court of British Columbia

The court adjourned a motor-vehicle trial, severed liability from quantum, and awarded uplifted costs after finding the defendants’ disclosure of photographs was inadequate.

• Adjournment
• Severance of liability and quantum
• Disclosure obligations and document production
• Expert reports and disclosure of expert materials
• Costs uplift and special costs
• Severance-of-liability-and-quantum

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O.M. v. V.G.

Court

Supreme Court of British Columbia

The court held O.M. was substantially successful on costs, awarded ordinary costs in both proceedings, and refused special costs, uplift, and a FLA fine.

• Date of separation
• Classification of family property
• Ownership dispute
• Post‑separation contributions
• Spousal support
• Child support arrears

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Jinha v. Devji-Jamani

Court

British Columbia Court of Appeal

Court of Appeal partly allowed a family law appeal, increasing child support arrears, but upheld the spousal support and costs orders.

• Miglin analysis
• Separation agreement interpretation
• Child support arrears
• Spousal support duration
• Standard of review for discretionary family decisions
• Family-law

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Bob Landscaping Corp v. Fang

Court

Supreme Court of British Columbia

Costs ruling after a divided-success contract trial: no costs were awarded on the main claim, and the plaintiff was ordered to pay the defendants $150 fixed costs for the costs application.

• Breach of contract
• Costs awards
• Special costs
• Offer to settle
• Adjournment pending appeal
• Consent dismissal

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K.L.M v. L.K.M.

Court

Supreme Court of British Columbia

The court refused special costs, awarded Appendix B costs to the mother, dismissed the father’s application, and imposed a $5,000 FLA fine for repeated breaches.

• Parenting arrangements
• Breach of court order
• Special costs
• S.230 fines
• S.211 report
• Family-law

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Young v. Veselic

Court

Supreme Court of British Columbia

Supplementary costs reasons in a wills dispute. Each party was ordered to bear their own costs, and the executor was denied costs from the estate.

• Will validity
• Undue influence
• Variation of will
• Executor indemnity
• Special costs
• Offer to settle

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Webber v. Worthington

Court

Supreme Court of British Columbia

The court settled the terms of order in a restrictive covenant dispute, continued the injunction, awarded costs at Scale C, and refused special costs.

• Restrictive covenant
• Section 35 property law act
• Interim injunction
• Special costs
• Settlement of order terms
• Restrictive-covenant

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