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Category: Costs

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The Legal Costs of BC Committeeship Applications

An application to the BC Supreme Court is necessary for a person to become the guardian or “committee” of an incapable adult. The court application for committeeship can be relatively straightforward where there is no dispute among loved ones. If there is disagreement on who should be appointed committee, the matter becomes more complicated. Legal […]
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Executor-Beneficiaries of Wills in BC: Can Fees be Reduced by Overlapping Self-Interest?

Executors are very often also beneficiaries of the estate they are tasked with administering, and it can be challenging to keep personal interests apart from estate business. That was the issue in Reagh Estate (Re), 2021 BCSC 1807, where the passing of accounts factored in a BC executor’s overlapping roles and failures in administering an estate. […]
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Bid for Special Referee Denied; Draws Costs in BC Committeeship Application

A special referee may be appointed within BC court proceeding to undertake factual investigations – often through the referee’s specialized expertise – that are necessary to the resolution of the issues between the parties. The court declined the request for appointment of a special referee in Klop (Re), 2021 BCSC 644 in the context of […]
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Court Clarifies Costs of Estate Litigation in Complex Family Dispute

This Vancouver estate litigation between siblings over their father’s estate—and the costs of the estate litigation itself—lasted nearly a decade. The BC Court of Appeal’s ruling in in Hollander v. Mooney, 2017 BCCA 238, leave to appeal ref’d [2017] S.C.C.A. No. 356 clarified important principles for awarding costs in estate litigation. Father’s estate planning leads to […]
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“Reprehensible” Conduct in Family Law Case Draws Over $1.2 Million Costs Award

A wealthy businessman adopted a battle plan designed to punish his estranged wife on multiple fronts in protracted Vancouver family litigation. The BC court found that the husband’s conduct amounted to use of his superior resources in an attempt to wear down his wife. His “litigation war” strategy and the unsustainable positions he took throughout […]
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Punitive Special Costs in BC Committeeship Proceedings

It is common in committeeship disputes for families and loved ones to have diametrically opposed views of the best interests of the patient. Disagreements about the best interests of an incapable adult may need to be settled by litigation. Costs in BC committeeship proceedings serve the function of encouraging parties to behave reasonably in contentious family […]
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Special Costs Granted from the Estate in Protracted BC Committeeship Proceedings

In BC, a committee can be appointed on application to the Supreme Court to make personal, legal, or financial decisions for an adult who is found to be mentally incapable. We recently discussed the issue of who pays the legal costs of a committeeship application. The general rule is that a successful applicant on a […]

Who Pays the Legal Costs of a Committeeship Application?

Our Vancouver estate litigation lawyers have recently been discussing adult incapacity, the nature of committeeship, and the issues for determination on a BC committeeship application. In today’s post, we will examine the issue of who pays the legal costs relating to the committeeship application. Costs of application for committee of person or estate In BC, […]
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BC Estate Litigation Arises from Suspicious Marriage and Missing Gold Coins

BC estate litigation arising from predatory marriage is not uncommon and may become more common as the BC population ages. Elderly people are often targeted by predators looking to get control over finances or property or to gain access to the estate. A marriage entered into for the sole purpose of exploiting or taking advantage […]
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Special Costs of All Parties Ordered to be Paid Out of Estate Following BC Will Challenge

We have previously discussed the issue of who pays the costs of a BC will challenge. The general rule in estate litigation is that the unsuccessful party pays the successful party’s court costs. However, the courts may depart from the general rule and order that costs of all parties be paid out of the estate […]
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