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Corporate law 2026 BCCA 179

Morton v. Cherkaoui

Court
British Columbia Court of Appeal

The respondent is entitled to ordinary costs of the appeal payable by the appellant under s.44 of the Court of Appeal Act; the appellant's inaccurate factual assertions and corrected A.I. errors did not constitute reprehensible conduct on the appeal sufficient to warrant special costs, and trial conduct alone without lower‑court findings is insufficient to justify special costs on appeal.

Source excerpt

  • Derivative action
  • Leave to commence derivative action
  • Costs of appeal
  • Special costs
  • Misconduct in litigation
  • Use of ai in legal submissions
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Civil litigation 2026 BCSC 725

Bilin v. Sidhu

Court
Supreme Court of British Columbia

Applying Rule 14-1(3) and related authority, the registrar concluded that defendant Hardip's repeated disclosure failures, lack of candour and fabricated/reconstructed evidence unjustifiably lengthened the litigation and warranted special costs. The registrar allowed special costs for the action through assessment but applied a small reduction to the amount claimed to account for fees potentially attributable to appearances for which costs were not awarded or for appeals. The proper award after assessment was $260,000 inclusive of disbursements, taxes and assessment costs, and the registrar d…

Source excerpt

  • Promissory note
  • Resulting trust
  • Special costs
  • Disclosure and discovery
  • Certificate of pending litigation
  • Costs assessment
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Trusts and estates 2026 BCSC 648

Al-Sabah Estate (Re)

Court
Supreme Court of British Columbia

Registrar Gaily's factual findings based on the evidence were entitled to deference and were neither unreasonable nor outside the scope of the inquiry; Respondent failed to prove time, tasks or responsibility warranting claimed remuneration; accordingly a nominal lump sum of $10,000 was appropriate, Respondent must bear her own costs of the reference, Respondent must personally pay Applicant's costs incurred preparing for and attending the reference, and Applicant's costs of this application are payable as special costs from the estate to be assessed by the Registrar.

Source excerpt

  • Administrator remuneration
  • Reference to registrar
  • Special costs
  • Passing of accounts
  • Confirmation hearing
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Family law 2026 BCSC 656

R.A.K. v. V.J.S.

Court
Supreme Court of British Columbia

The claimant's claim for spousal status was utterly without merit and constituted an attempt to coerce the respondent and continue family/intimate partner violence; the claimant's conduct was reprehensible and justifies an award of special costs to the respondent.

Source excerpt

  • Spousal status
  • Child support
  • Special costs
  • Family violence
  • Abuse of process
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Wills and estates 2026 BCSC 597

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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Family law 2026 BCSC 565

Sahota v. Sahota

Court
Supreme Court of British Columbia

Claimant achieved substantial success on the key property and most debt allocation issues but not on spousal support; respondent's conduct did not meet the threshold for special costs; the trial was of ordinary difficulty so Scale C is not warranted; the eve-of-trial settlement offer was not one that ought reasonably to have been accepted, so double costs are not awarded; accordingly costs are awarded to the claimant at Scale B.

Source excerpt

  • Costs awards
  • Special costs
  • Offers to settle
  • Scale b/c costs
  • Double costs under rule 11-1
  • Unequal division of family property
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Family law 2026 BCSC 537

Hardy v. English

Court
Supreme Court of British Columbia

The respondent is not entitled to double costs because the Offer lacked the mandatory R.11-1(1)(c)(iii) wording and was sent to an unrepresented party and treated as withdrawn, preventing reliance on R.11-1; the claimant's delayed financial disclosure, without more, does not meet the high threshold for special/elevated costs; awarding a $1,000 fine for non-disclosure and Appendix B costs for the Application is proportionate and avoids double punishment.

Source excerpt

  • Interim application
  • Imputation of income
  • Offers to settle
  • Double costs
  • Special costs
  • Disclosure
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Family law 2026 BCCA 144

Kaur v. Gill

Court
British Columbia Court of Appeal

Leave to appeal was refused because the proposed grounds do not raise questions of legal principle of significance beyond this case, the costs decision was a discretionary, fact-specific exercise not shown to involve legal misdirection or a clear injustice, the monetary differences contested are not sufficiently material in the context of each party's overall legal fees, and granting leave would undermine finality and impede efficient resolution of the remaining proceedings.

Source excerpt

  • Leave to appeal
  • Special costs
  • Lump sum costs
  • Substantial success
  • Interlocutory costs
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Estate law 2026 BCSC 515

Fitzpatrick v. Phillips

Court
Supreme Court of British Columbia

The interim accounts of the executrix are passed; applicant entitled to special costs for steps reasonably necessary to protect beneficiary rights, to be assessed by the registrar under Rule 14-1(3) or agreed and payable from the estate; respondent is not disentitled from having her administration costs paid from the estate and is awarded her special costs of administration payable from the estate.

Source excerpt

  • Passing of accounts
  • Executor duties
  • Beneficiary disclosure rights
  • Special costs
  • Valuation of estate assets
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Trusts 2026 BCSC 465

Chan v. Chan

Court
Supreme Court of British Columbia

Because the Property was validly gifted to and held by the JPT in 2007, the Revocable Deed gave the trustee the power to permit petitioner to purchase the Property on the Material Date, petitioner paid the required consideration and transfer was registered, the transfer was valid and petitioner is the sole legal and beneficial owner; respondent's challenges based on probate, resulting trust or Graham v. Smith are meritless and unfounded, and special costs are warranted for his conduct.

Source excerpt

  • Declaration of title
  • Estate freeze
  • Inter vivos trust
  • Trustee appointment
  • Special costs
  • Property transfer tax
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.