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Canada Case Law

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Costs 2022 BCSC 1245

Barrie v. British Columbia

The court ordered the Province to pay special costs for the May 4, 2022 hearing and related written submissions, and varied an earlier costs order to make it payable forthwith.

  • Special costs
  • Solicitor-and-client costs
  • Strike application
  • Costs scale
  • Special-costs
  • Civil-procedure
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Contract 2022 BCCA 107

GEA Refrigeration Canada Inc. v. Chang

The Court of Appeal held the respondent was entitled to Scale 2 costs, but not increased costs or Scale 3, in supplementary reasons concerning appeal costs.

  • Breach of confidence
  • Misuse of confidential information
  • Springboard doctrine
  • Disgorgement of profits
  • Punitive damages
  • Sealing orders
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Employment law 2020 BCSC 267

Liebreich v. Farmers of North America

The court held the case warranted Scale B ordinary costs and ordered double costs from the third settlement offer dated August 21, 2018.

  • Wrongful dismissal
  • Costs scale
  • Offers to settle
  • Double costs
  • Settlement timing
  • Wrongful-dismissal
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Civil procedure 2019 BCSC 1792

Kim v. Choi

The court dismissed competing claims for special and double costs, and ordered the successful plaintiff’s costs at Scale B after a post-trial costs dispute.

  • Special costs
  • Offer to settle (rule 9-1)
  • Fraud and deceit
  • Conspiracy
  • Credibility
  • Costs scale
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Family law 2017 BCSC 1514

Y.L. v. G.L.

On a post-trial costs application in a custody dispute, the court held that costs followed the event and ordered costs to the respondent at Scale B.

  • Parenting time
  • Custody
  • Primary residence
  • Decision-making authority
  • Costs assessment
  • Party conduct
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Civil procedure 2015 BCSC 1996

Freshwest Equities Trading Corp. v. Dosanjh

The court refused to increase costs to Scale C and denied double costs, holding that the respondent’s defence and accounting objections were reasonably arguable.

  • Foreclosure
  • Costs scale
  • Offers to settle
  • Double costs
  • Accounting disputes
  • Summary judgment vs trial list
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Contract law 2015 BCSC 985

0856464 B.C. Ltd. v. TimberWest Forest Corp.

Costs decision on an indemnity clause, apportionment, and special costs after trial. The court denied solicitor-and-own-client costs, apportioned success, and declined special costs.

  • Indemnity clause interpretation
  • Solicitor and own client costs
  • Special costs
  • Apportionment of costs
  • Fraudulent misrepresentation
  • Set-off
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Property law 2015 BCSC 804

The Owners, Strata Plan KAS 2428 v. Baettig

The court held that Scale B costs, not full indemnity costs, were recoverable in these strata lien proceedings under s. 118 of the Strata Property Act.

  • Strata lien
  • Costs scale
  • Enforcement of lien
  • Approval of sale
  • Special costs
  • Strata property act s.118
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Contract 2013 BCSC 156

Paniccia v. Eckert

Costs decision arising from a real estate dispute. The court awarded special costs to Larry Young for reckless fraud and fiduciary-duty allegations, but denied special costs to Felix Eckert.

  • Misrepresentation
  • Negligence
  • Fraud
  • Deceit
  • Breach of fiduciary duty
  • Special costs
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Foreclosure 2012 BCSC 1670

Fisgard Capital Corporation v. Hutton

Foreclosure proceeding in which the mortgage was declared in default, judgment entered for the petitioner, the redemption period set at six months, and the respondent awarded costs of the petition hearing.

  • Redemption period
  • Costs awards
  • Costs scale
  • Rule 14-1
  • Law and equity act s.20
  • Precedent and binding authority
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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.