Canada Case Law

Li v. The Owners, Strata Plan BCS 2884

Court

British Columbia Court of Appeal

The application for increased costs was dismissed because assessing costs under the ordinary tariff would not create an unjust result: the appellants' challenge had arguable merit, there were no adverse findings about their conduct or strategy, the abandonment of one ground was properly explained, and the disparity between actual fees and tariff recovery alone did not justify increased costs; Scale B assessment is appropriate.

Source excerpt

• Special levy
• Increased costs
• Assessment of costs
• Rule 70 court of appeal rules
• Statutory petitions under strata property act

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Rogers v. Director of Maintenance Enforcement Program

Court

Yukon Court of Appeal

The Court of Appeal of Yukon denied special and increased costs, awarding the successful appellant costs at Scale 2 because the appeal was of more than ordinary difficulty or importance.

• Delegated legislation
• Compliance with declarations
• Special costs
• Increased costs
• Access to justice
• Costs

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Pousette v. Janssen

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application for increased costs, holding that ordinary costs were not unjust and awarding only ordinary appeal costs.

• Child support
• Costs of appeal
• Increased costs
• Settlement offers
• Court rules
• Costs-of-appeal

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Esteghamat-Ardakani v. Taherkhani

Court

British Columbia Court of Appeal

Supplementary reasons on costs in consolidated appeals. The Court refused increased costs, awarding Mr. Taherkhani Scale B costs and Dr. Este Scale A costs.

• Costs assessment
• Increased costs
• Consent dismissal
• Functus officio
• Court's inherent jurisdiction
• Costs-assessment

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S.T. v. A.T.

Court

Supreme Court of British Columbia

The court awarded A.T. ordinary costs after trial, but refused special costs, increased costs, or any personal costs order against S.T.’s counsel.

• Special costs
• Increased costs
• Ordinary costs
• Costs assessment
• Expert reports (s. 211)
• Disclosure

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Michetti v. Veach

Court

Supreme Court of British Columbia

Supplemental costs reasons in a local election petition. The petitioner must pay Mrs. Veach’s costs on Scale C, while the Village of Pouce Coupe bears its own costs.

• Costs
• Special costs
• Increased costs
• Offers to settle
• Statutory discretion
• Special-costs

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Rayner v. The British Columbia Coast Pilots Ltd.

Court

Supreme Court of British Columbia

The Court granted leave to discontinue an oppression petition, refused to dismiss it outright, and awarded the respondent 70% special costs.

• Oppression remedy
• Discontinuance
• Leave to discontinue
• Special costs
• Increased costs
• Abuse of process

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McIsaac v. David

Court

Supreme Court of British Columbia

The court dismissed both sides’ applications for special or increased costs after discontinuances, ordered Scale B costs set off, and imposed mutual conditions on future proceedings.

• Oppression remedy
• Fraudulent conveyance
• Special costs
• Increased costs
• Discontinuance
• Certificate of pending litigation (cpl)

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Long v. Thanas

Court

Supreme Court of British Columbia

Post-trial costs ruling in a bicycle-collision personal injury case. The court awarded double costs from the plaintiff’s unaccepted offer, but refused special or increased costs.

• Double costs
• Formal offer to settle (rule 9-1)
• Special costs
• Increased costs
• Contributory negligence
• Liability

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Ahluwalia v. Richmond Taxi Co. Holdings Ltd.

Court

Supreme Court of British Columbia

The court struck a repeated civil claim as vexatious and abusive, declared the plaintiff a vexatious litigant, and awarded costs with a tariff uplift.

• Cause of action estoppel
• Issue estoppel
• Abuse of process
• Vexatious litigant
• Certificate of pending litigation
• Limitation period

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