Respondent
Petitioner
Facts: 1125003 B.C. Ltd. appealed a master's cost assessment decision related to a previous court proceeding with The Owners, Strata Plan KAS 1886. The appeal questioned whether waiting time in court should be counted in calculating costs and if a registrar can award less than three units under a specific tariff item when a hearing does not proceed.
Issue: The appeal addressed two main issues: whether the time spent waiting to be heard should be included in calculating costs for preparation and hearing of a petition (Tariff items 26 and 27), and whether there is discretion to award less than three units under Tariff item 37 for a hearing that did not proceed.
Court's Ruling: The court decided that waiting time should not be included in calculating costs under Tariff items 26 and 27. However, it found that the master erred in awarding less than three units under Tariff item 37, affirming that there is no discretion to award fewer units for a hearing that did not proceed.
Costs/Damages Awarded: The petitioner, 1125003 B.C. Ltd., was substantially successful in the appeal and awarded costs, meaning the respondent must cover the legal expenses incurred by the petitioner for the appeal.
Court
Supreme Court of British ColumbiaCase Number
S219362Practice Area
Civil litigationAmount
Winner
PetitionerTrial Start Date
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