Kim v. Choi, 2019 BCSC 1792

JurisdictionBritish Columbia
JudgeDley
Citation2019 BCSC 1792
CourtSupreme Court of British Columbia (Canada)
Docket NumberS77677
Date18 October 2019
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9 practice notes
  • Illegality
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ..., 2016 BCSC 117 aff’d (2017), 99 BCLR (5th) 308 (CA) (recovery of unlawful f‌inder’s fee); Kim v Choi , 2019 BCSC 437, additional reasons 2019 BCSC 1792 (recovery of investment made under illegal immigration scheme). 272 Still , above note 228. 273 See Section C, above in this chapter. 274 ......
  • Urban Land Holdings Ltd. v. Babich, 2020 BCSC 1900
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 4 December 2020
    ...duty. Maintaining allegations of fraud and dishonesty can be taken into account in assessing special costs claims: see Kim v. Choi, 2019 BCSC 1792 at [24]       Lastly, the applicants say that unsubstantiated allegations of misconduct by counsel and their staff......
  • Shalagin v. Mercer Celgar Limited Partnership,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 25 January 2022
    ...misstatements, or other such claims made against a person casts a serious pall over his or her reputation in the community: Kim v. Choi, 2019 BCSC 1792 at paras. 27, 37. Very careful consideration must be given by the defendant before making such serious allegations. At the very least, a pr......
  • Froese v. Sharif,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 26 March 2021
    ...17, 119 D.L.R. (4th) 740 (C.A.). [17] Some of the circumstances justifying an award of special costs were summarized in Kim v. Choi, 2019 BCSC 1792 at para. (a) where a party pursues a meritless claim and is reckless with regard to the truth; (b) where a party makes improper allegations of ......
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8 cases
  • Shalagin v. Mercer Celgar Limited Partnership,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 25 January 2022
    ...misstatements, or other such claims made against a person casts a serious pall over his or her reputation in the community: Kim v. Choi, 2019 BCSC 1792 at paras. 27, 37. Very careful consideration must be given by the defendant before making such serious allegations. At the very least, a pr......
  • Urban Land Holdings Ltd. v. Babich, 2020 BCSC 1900
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 4 December 2020
    ...duty. Maintaining allegations of fraud and dishonesty can be taken into account in assessing special costs claims: see Kim v. Choi, 2019 BCSC 1792 at [24]       Lastly, the applicants say that unsubstantiated allegations of misconduct by counsel and their staff......
  • Froese v. Sharif,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 26 March 2021
    ...17, 119 D.L.R. (4th) 740 (C.A.). [17] Some of the circumstances justifying an award of special costs were summarized in Kim v. Choi, 2019 BCSC 1792 at para. (a) where a party pursues a meritless claim and is reckless with regard to the truth; (b) where a party makes improper allegations of ......
  • Wang v. Laura W. Zhao Personal Real Estate Corporation, 2020 BCSC 73
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 21 January 2020
    ...Turning to Zhaos’ request for special costs, Justice Dley neatly summarized the applicable principles in the recent decision Kim v. Choi, 2019 BCSC 1792: [22] Special costs may be awarded where the conduct of a party is reprehensible. Reprehensible conduct includes conduct that is scandalou......
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1 books & journal articles
  • Illegality
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ..., 2016 BCSC 117 aff’d (2017), 99 BCLR (5th) 308 (CA) (recovery of unlawful f‌inder’s fee); Kim v Choi , 2019 BCSC 437, additional reasons 2019 BCSC 1792 (recovery of investment made under illegal immigration scheme). 272 Still , above note 228. 273 See Section C, above in this chapter. 274 ......

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