Canada Case Law

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.

Source excerpt

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

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Kainth v. Kainth

Court

Supreme Court of British Columbia

The claimant was substantially successful on the key issues of greatest importance (support, material financial adjustments including discharge of the Deer Lake Mortgage risk, real estate outcomes and personal property) such that costs follow the event; the complexity and concealment warranted ordering costs on a more-than-ordinary-difficulty scale; limited special costs are justified for the primary respondent's dishonest conduct and late withdrawal regarding the Deer Lake Mortgage (awarded as three days preparation and three days trial) but not for other alleged misconduct; secondary respon…

Source excerpt

• Substantial success
• Scale of costs
• Special costs
• Disclosure
• Offer to settle consequences
• Set-off

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Bordignon v. Bordignon

Court

Supreme Court of British Columbia

The court found divided success in this family law trial costs decision and ordered each side to bear its own costs. No special costs were awarded.

• Costs orders
• Special costs
• Substantial success
• Division of family property
• Parenting and custody
• Valuation

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K.G. v. D.G.

Court

Supreme Court of British Columbia

The court found the claimant was substantially successful in this family law action and awarded her costs, declining to rely on the respondent’s settlement offer.

• Separation agreement validity
• Section 211 report
• Counselling orders
• Offer to settle (rule 11‑1)
• Costs assessment
• Substantial success

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Homegold Resources Ltd. v. Jazz Resources Inc.

Court

Supreme Court of British Columbia

The court held the plaintiffs were substantially successful and declined to reduce costs, awarding them trial costs at Scale B.

• Costs award
• Substantial success
• Conduct of parties
• Builder's lien
• Contractual interest
• Trial management

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L.C. v. Y.S.

Court

Supreme Court of British Columbia

Post-trial costs reasons in a family law case. The claimant received 60% of costs on the ordinary tariff; special costs were refused and trust funds were partly released.

• Costs allocation
• Substantial success
• Special costs
• Imputation of income
• Disclosure obligations
• Parenting time and responsibilities

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Zaste v. Simpson

Court

British Columbia Court of Appeal

The Court of Appeal held the appellant had substantial success on the appeal and awarded her costs, despite her loss on the leave issue.

• Rectification of wills
• Leave to apply
• Costs on appeal
• Substantial success
• Costs-on-appeal
• Substantial-success

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T.A.O. v. D.J.M.

Court

Supreme Court of British Columbia

Post-trial costs judgment in a family case: the respondent was found substantially successful, double costs were refused, and special costs were awarded against the claimant.

• Special costs
• Double costs
• Substantial success
• Offer to settle
• Vexatious litigant
• Parenting time

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Belpacific Excavating & Shoring Limited Partnership v. Crown and Mountain Creations Ltd.

Court

Supreme Court of British Columbia

Post-trial costs reasons in consolidated construction actions. The court found Conwest and Crown each bore their own costs in one action, while BelPacific recovered Scale B costs jointly and severally.

• Costs
• Double costs
• Uplifted costs
• Sanderson/bullock orders
• Apportionment of costs
• Interest on judgment

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Wallace v. Pichichero

Court

Supreme Court of British Columbia

Costs decision in a family law case: the claimant was found substantially successful, double costs were awarded from the date of her offer to settle, and alleged counsel agreements failed.

• Substantial success
• Offer to settle / double costs
• Counsel agreements on costs
• Special costs against counsel
• Trust fund equalization
• Leave to review support

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