Canada Case Law

T.Y.W. v. V.Y.W.L.

Court

Supreme Court of British Columbia

Judge divided the interlocutory applications into two groups (support/disclosure and parenting/conduct). Mother was substantially successful on support and disclosure and is awarded costs in any event of the cause to be paid at the conclusion of the family case, assessed on more than ordinary difficulty for 1.5 days; father was successful on key elements of the parenting/conduct applications but under Rule 16‑1(9) remains entitled to those application costs only in the cause (i.e. at trial if awarded), assessed on ordinary difficulty for 2 days; additionally mother is awarded $500 for the pas…

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• Interlocutory costs
• Support and guideline income
• Disclosure
• Section 91 restraining orders
• Interim distribution
• Parenting orders and overnight parenting

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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.

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• Leave to appeal
• Special costs
• Lump sum costs
• Substantial success
• Interlocutory costs

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Grosskurth v. Hamilton

Court

Supreme Court of Nova Scotia

The motion was not complex, lasted two hours, was dispositive of the General Division but not the entire dispute, and the moving party produced no evidence to substantiate the claimed quantum; applying Tariff C and exercising discretion, the court awarded costs of $1,000 to the defendant, payable forthwith.

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• Venue
• Interlocutory costs
• Tariff c
• Summary judgment motion

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DLF Law Practice Incorporated v. McDonald et al.

Court

Supreme Court of Nova Scotia

Moving Defendants were entitled to costs because they succeeded in striking numerous deficient pleadings; given the intertwined and voluminous nature of the pleadings, the history of the parties, and the limited utility of purely tariffed assessment, a lump sum award of $6,500 fairly balanced the need to compensate the successful defendants while not providing full indemnity; the sum is payable forthwith and applies to proceeding Pic No. 525281 with the Moving Defendants to divide among themselves.

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• Motion to strike
• Interlocutory costs
• Tariff departure
• Demands for particulars
• Lump sum costs

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Tazehkand v. Bank of Canada

Court

Federal Court of Appeal

Because the March 12, 2024 order awarded costs but did not include an explicit 'forthwith' direction under Federal Courts Rules r.401(2), and the substantive issues of the litigation remain outstanding, the assessment officer lacked authority to assess the Respondent's bill of costs at this stage and the request is premature.

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• Interlocutory costs
• Costs payable forthwith
• Federal courts rules r.401(2)
• Prematurity of assessment

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E.J.R. v. R.W.R.

Court

Supreme Court of British Columbia

Costs decision in a family-law child support dispute. The court found the claimant was successful, declined double costs, and awarded costs in any event of the cause.

• Imputation of income
• Termination of child support
• Persons with disabilities (pwd) benefits as income
• Section 7 special expenses
• Offers to settle (family rule 11-1)
• Interlocutory costs

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RGN Management Limited Partnership v. 7th Light Education Group Inc.

Court

Supreme Court of British Columbia

On costs after a garnishment application, the court held the defendant had not shown grounds to depart from the default rule. Costs were awarded in the cause.

• Interlocutory costs
• Costs in the cause vs costs in any event
• Attachability of payments
• Court order enforcement act s.5
• Supreme court civil rules r.14-1(12) and r.8-5(8)
• Interlocutory-costs

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University of British Columbia v. Moscipan

Court

Supreme Court of British Columbia

The court held that costs of the dismissed summary trial application should be in the cause, not payable immediately, because the litigation remains unresolved.

• Summary trial
• Interlocutory costs
• Wage theft
• Issue estoppel
• Summary-trial
• Interlocutory-costs

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Buck v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Enoch Cree Nation’s motion for security for costs, finding the prior $9,000 costs award was not payable forthwith and so did not remain unpaid under Rule 416(1)(f).

• Security for costs
• Costs payable forthwith
• Interlocutory costs
• Rule 416(1)(f)
• Rule 401(2)
• Impecuniosity

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Wittman v. Blackbaud, Inc.

Court

Supreme Court of British Columbia

The court refused to order costs of a stay application in any event of the cause, finding no special circumstances and treating the application as tied to issues still in dispute.

• Stay of proceedings
• Interlocutory costs
• Special circumstances doctrine
• Jurisdiction
• Certification
• Sequencing

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