Plaintiff
Defendant
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:
Whether Long’s perjury justified setting aside the original costs decision.
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.
Court
Supreme Court of British ColumbiaCase Number
S187807Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
Download documents