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The court allowed a vehicle-injury plaintiff to exclude physiatry and psychiatry disbursements, accepted counsel affidavits, and denied exclusion of application-related costs.
The court ordered production of a third-party door-cam video, finding the defendants had not proven litigation privilege, while allowing the cover email to remain withheld.
The Court ordered that Perfect Smile Dental Inc. pay V Hazelton Limited costs of the application below in the all-inclusive amount of $15,000, exercising the Court of Appeal's authority to fix costs on appeal.
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The court fixed the costs of the application at $40,000 inclusive of disbursements and taxes, and ordered that interest at three percent per annum is payable on the judgment.
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The court granted consolidation and said the fast-track trial date was too short, with removal from Rule 15-1 and adjournment to take effect if liability was not settled within 14 days.
The court set an access schedule that avoided school absences, deferred transportation-cost sharing pending income evidence, and awarded costs to the mother.
The Supreme Court of British Columbia struck out Wedgewood’s petition to forfeit deposit monies and directed that the dispute be tried by action, with costs left to the trial judge.
Because the appellant was successful on all issues on appeal and having regard to the complexity of the issues, the amount in issue and the work expended, the Court exercised its discretion to award MTCC #1250 costs: S-99 Limited to pay MTCC #1250 $25,000 for the application (inclusive) and the respondents to pay MTCC #1250 $150,000 for the trial (inclusive); costs of the reference are left to the discretion of the reference judge.
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Interlocutory motion to transfer venue granted. The court followed Smith v. Chabutura, transferred the action to Kelowna, and awarded the defendant costs.
The British Columbia Court of Appeal dismissed David Pearlman’s appeal as abandoned after he failed to post ordered security for costs and did not pursue variation of the order.
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