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The British Columbia Court of Appeal allowed an appeal from dismissal for want of prosecution in a wills variation case, finding errors in the interests-of-justice analysis.
The Court awarded a lump sum of $7,500 because the adjournment one week before a three-day trial was caused by appellant counsel’s failure to confirm his expert witness’s availability and by his lack of candour, invoking Rule 147(3) factors to compensate thrown away costs and applying Rule 152 to require counsel to indemnify the client for the award.
Source excerpt
Master Muir assessed special costs arising from a defamation-related costs dispute, disallowing Mr. Straith’s personal bill and reducing Mr. Gibbs’ claim.
The Court of Appeal awarded costs of the appeal to the respondent, despite the appellant being technically successful, because the appeal was avoidable.
The court dismissed a petitioners’ claim for party-and-party costs from two property sales, holding the consents orders had the costs provision crossed out.
The Tax Court judge did not err in concluding on the record that the appellant failed to prosecute the appeal with due dispatch and that the dismissal was a proper exercise of discretion; the decision was not based solely on counsel's conduct, and the Federal Court of Appeal will not disturb that discretionary decision.
Source excerpt
The court adjourned a summary judgment application because the affidavit evidence did not adequately prove the alleged loan or liability, and ordered each side to bear its own costs.
In chambers, the court awarded special costs for today’s attendance after criticizing how an adjournment application was brought, but deferred payment timing to the merits hearing.
The court dismissed an application for special costs in a trust dispute, finding no reprehensible conduct in counsel’s communications with a proposed trustee.
The court partly allowed a lawyer’s bill on review, reducing fees and disbursements, crediting prior payments, and certifying a remaining balance owing.
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