Overview:
The case arose from a dispute following restoration work by Epic Restoration Services Inc. on a property in Coquitlam, British Columbia, after a flood caused by a ruptured pipe. The defendant estate, represented by executor Rudyard Kipling Fuller, counterclaimed against Epic, alleging poor workmanship and unauthorized disposal of items. Third-party Travelers Canada was also implicated for alleged policy breaches.

Procedural Background:
Epic Restoration Services Inc. initiated the action in 2018, claiming approximately $38,600 plus interest and costs. The counterclaims and third-party claims escalated the dispute. Following the passing of Desmond Maurice Fuller, the estate’s original representative, the action continued under Rudyard Fuller. Epic and Travelers substantially succeeded at trial in 2023.

Key Legal Issues:

1. Executor Liability: The court analyzed whether Rudyard Fuller, as executor, could be personally liable for the costs awarded against the estate under the principle that executors advancing unsuccessful claims may bear personal responsibility.
2. Costs Quantum: The court distinguished costs arising from the estate’s unsuccessful counterclaims from those related to its defense.

Decision and Costs Awarded:
The court held Rudyard Fuller personally liable for costs related to the estate’s unsuccessful counterclaims and third-party claims. Costs awarded included double costs to Epic for post-November 26, 2020, steps. Further submissions were invited to determine the exact quantum of liability related to the claims, pending agreement between the parties. Financial terms were not specified.