Vesuvius Investments Ltd. v. Victoria (City) and Koch, (1991) 8 B.C.A.C. 30 (CA)

• Judge: Lambert, Macfarlane and Proudfoot, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: December 02, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 8 B.C.A.C. 30 (CA)

Vesuvius Inv. Ltd. v. Victoria (1991), 8 B.C.A.C. 30 (CA);

    17 W.A.C. 30

MLB headnote and full text

Vesuvius Investments Ltd. (plaintiff/respondent) v. The Corporation of the City of Victoria (defendant/appellant) and Douglas Koch (respondent)

(VO1032)

Indexed As: Vesuvius Investments Ltd. v. Victoria (City) and Koch

British Columbia Court of Appeal

Lambert, Macfarlane and Proudfoot, JJ.A.

December 2, 1991.

Summary:

A plaintiff sued the City of Victoria and two employees. The trial court allowed the plaintiff's action against the city and dismissed the action against the employees. The city appealed and the plaintiff cross-appealed.

The British Columbia Court of Appeal, in a decision reported at 8 B.C.A.C. 6; 17 W.A.C. 6, allowed the city's appeal and dismissed the cross-appeal. The plaintiff submitted that each party should bear its own costs, or alternatively, that the employees should not be awarded costs, where they were represented by a lawyer for the City.

The British Columbia Court of Appeal ordered costs in favour of the City only.

Practice - Topic 7029.6

Costs - Party and party costs - Entitlement to - Successful party - Exceptions - Legal expenses paid by third party - A plaintiff successfully sued the City of Victoria and two employees when he failed to obtain rezoning in order to operate a pub - The decision was overturned on appeal - The plaintiff submitted that each party should bear its own costs, or alternatively, that the employees should not be awarded costs, where they were represented by a lawyer employed by the City - The British Columbia Court of Appeal awarded costs of the trial and appeal to the City against the plaintiff and did not award costs to the employees.

Cases Noticed:

Vesuvius Investments Ltd. v. Victoria (City) et al. (1991), 8 B.C.A.C. 6; 17 W.A.C. 6, refd to. [para. 2].

Nicolls v. Richmond (1985), 60 B.C.L.R. 320 (S.C.), refd to. [para. 3].

Counsel:

A.V.W. Hincks and A.R. Borzoni, for the respondent;

   G. Glover, for the appellant.

This application was heard before Lambert, Macfarlane and Proudfoot, JJ.A., of the British Columbia Court of Appeal. On December 2, 1991, the decision of the court was delivered.