Case Overview: In the case Lee v. Wedekind, 2023 BCCA 287, the respondents, Alison Wedekind and Scott Wedekind, sought an assessment of special costs from the appellant, Joanna Lee. The dispute arose from an eviction based on excessive noise and disturbances.

Legal Arguments/Issues: Joanna Lee appealed an order for possession issued by the Residential Tenancy Branch (RTB) and subsequent refusals by the Supreme Court and Court of Appeal to stay this order. The chambers judge noted Ms. Lee’s multiple, duplicative petitions and ex parte orders, deeming her actions frivolous, vexatious, and an abuse of the court’s process, which warranted special costs.

Assessment of Special Costs: The respondents sought $12,530.11 in special costs, divided into $9,119.65 for the stay application (including $886.48 for settling the order) and $3,410.46 for the cost assessment.

Decision: The Registrar awarded a tax-inclusive amount of $9,078.45, which included:

• $7,078.45 for the stay application after deductions for unnecessary overlapping efforts by senior counsel.
• $2,000.00 for the assessment itself, noting the use of a junior lawyer to manage costs efficiently and adjusting for some billing errors.

Total Costs Awarded: The total amount of costs awarded in favor of Alison and Scott Wedekind was $9,078.45.

The case highlighted procedural abuses and reinforced the punitive nature of special costs to deter litigation misconduct.