Canada Case Law

Nouhi v. Pourtaghi

Court

Supreme Court of British Columbia

The court found the defendants had not complied with the registrar's production order and had filed misleading affidavits, but the non-compliance did not warrant a permanent stay or striking of the special costs award; the appropriate course is to dismiss the application, refer the matter back to Registrar Gaily to implement tailored disclosure and case management, and allow the defendants a further opportunity to comply while ordering each party to bear their own costs.

Source excerpt

• Special costs assessment
• Solicitor-client privilege
• Document production
• Stay and striking remedies
• Registrar jurisdiction
• Proportionality of sanctions

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De Angelis v. Siermy

Court

Supreme Court of British Columbia

The court held that special costs assessment does not require blanket waiver of privilege, but ordered tailored disclosure of invoices and withheld-document listings.

• Special costs assessment
• Disclosure of counsel's files
• Solicitor-client privilege
• Litigation privilege
• Implied waiver
• Proportionality and natural justice

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Nouhi v. Pourtaghi

Court

Supreme Court of British Columbia

The court denied a stay of a special costs assessment and returned the matter to the registrar to determine compliance with production orders and privilege issues.

• Special costs assessment
• Production of solicitors' files
• Solicitor-client privilege and waiver
• Stay of proceedings
• Taxation of costs
• Special-costs

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Li v. Chao Yin Canada Group Inc.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Ms. Li’s request for more time to challenge a single-justice order that had dismissed her appeal as abandoned.

• Extension of time
• Abandonment of appeal
• Service and notice by email
• Conflict of interest (inspector)
• Special costs assessment
• Trustee recovery action

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In the matter of the Estate of Olive Mary Jane Derco, Deceased

Court

Supreme Court of British Columbia

Registrar Gaily assessed special costs in a contentious estate passing of accounts, reducing both sides’ claims and awarding assessment costs on a party-and-party basis.

• Passing of accounts
• Special costs assessment
• Disbursements
• Quantum meruit for self-represented litigant
• Proportionality under court rules
• Estate-law

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Dempsey v. Pagefreezer Software Inc.

Court

British Columbia Court of Appeal

Registrar Outerbridge assessed special costs after a contempt application and reduced the respondents’ claim by 20%, awarding $36,726.09 in total.

• Special costs assessment
• Contempt of court
• Protective/sealing order
• Costs taxation
• Registrar decision
• Special-costs

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Cameron (Re)

Court

Supreme Court of British Columbia

The Registrar assessed special costs in a contested committeeship matter, allowing most counsel fees, travel, and foreign disbursements, but disallowing Leigh-Anne Cameron’s personal time claim.

• Committeeship
• Incapacity
• Special costs assessment
• Travel and foreign disbursements
• Party compensation
• Special-costs-assessment

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Yusufi v. Yusufi

Court

Supreme Court of British Columbia

The court enforced a maher agreement, awarded lump-sum spousal support, ordered an unequal property division, refused a protection order, and granted special costs.

• Maher agreement
• Enforceability of premarital contract
• Imputation of income
• Unequal division under s.95
• Protection order under s.183
• Special costs assessment

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Lougheed v. Wilson

Court

Supreme Court of British Columbia

Master Muir assessed special costs arising from a defamation-related costs dispute, disallowing Mr. Straith’s personal bill and reducing Mr. Gibbs’ claim.

• Special costs assessment
• Taxation of costs
• Solicitor fees
• Disbursements
• Conduct of counsel
• Rule 14-1(3)

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Destiny Enterprises Canada Ltd. v. Kim

Court

Supreme Court of British Columbia

Assess­ment of special costs in complex commercial litigation; registrar fixed special costs at $166,000 and awarded $4,000 for the assessment.

• Special costs assessment
• Proportionality
• Damages
• Punitive damages
• Solicitor-client vs special costs
• Special-costs

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