Red Branch Investments Limited v. Long
Red Branch Investments Limited
Law Firm / Organization
Whitelaw Twining (WT BCA LLP)
Lawyer(s)

Priya Parihar

Gerald Wright
Law Firm / Organization
Whitelaw Twining (WT BCA LLP)
Lawyer(s)

Priya Parihar

David P. Long
Law Firm / Organization
Bridgehouse Law LLP (BHL Vancouver)
Lawyer(s)

Ritchie Clark K.C.

Background:
The case originated from a 2015 trial where Gerald Wright and Red Branch Investments Limited (plaintiffs) were ordered to pay special costs due to misconduct by Wright. The plaintiffs later sought to set aside the decision, alleging that Long committed perjury during the first trial.

Legal Issues:
The key issues were:

  1. Whether Long’s perjury justified setting aside the original costs decision.

  2. Whether Long’s misconduct disentitled him to costs from both the first and second trials.

Court Findings:
The court found that Long had perjured himself by falsely denying his discussions with John Darch regarding litigation strategy. However, the perjury did not materially affect the outcome of the first trial. Despite Long’s misconduct, the court held that the deceit itself warranted rebuke, but it did not undermine the original decision, as sufficient evidence supported the initial ruling.

Costs and Awards:
The court concluded that Long’s perjury disentitled him to special costs, but he remained eligible for standard costs (Scale B) for both trials as the successful party. The original special costs order from the first trial was set aside and replaced with an order for standard costs. The court emphasized that, despite Long’s perjury, the litigation was fundamentally caused by Wright’s fraudulent allegations.

Supreme Court of British Columbia
S187807
Civil litigation
Defendant