Peckover v. Wall

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca350, 2026 bcca 350 (canlii), 2026, bcca, 350, (canlii), ca50798, 2026, procedure, costs, appeal costs, court of appeal act, s. 44, whether the usual rule that costs follow the event applies on an unsuccessful appeal in estate litigation, modern approach recognises departures only in exceptional circumstances, successful respondent entitled to costs from unsuccessful appellant, ordinary costs awarded, procedure, costs, discretion on appeal, mcdougald estate v. gooderham, mcgrath v. joy, whether costs should be ordered against an unsuccessful appellant in estate litigation, appeal costs normally ordered against unsuccessful appellant, absent exceptional circumstances, same rules as civil litigation at the appeal level, ordinary costs payable, estates and wills, estate litigation, costs payable from estate, sato v. sato, aulinger v. oda, whether special costs of the appeal for all parties should be paid from the estate, litigation necessary for lawful administration and will, maker’s contribution considered, estate should not be unnecessarily depleted, special costs from estate refused, procedure, costs, reasonableness of appeal, quinn estate v. rydland, hadley estate (re), simpson v. zaste, whether it was reasonable to seek a “second opinion” by appealing the rectification order, test for rectification under wills, estates and succession act, s. 59 clearly settled, appeal not novel, overwhelming evidence applied, ordinary costs ordered against appellant