What is the test for making a partial award for special costs in a personal injury proceeding?

British Columbia, Canada


The following excerpt is from Leung v. Chang, 2014 BCSC 1243 (CanLII):

In Romfo v. 1216393 Ontario Inc., 2007 BCSC 1772, leave to appeal ref’d 2008 BCCA 101, the court made a partial award for special costs for these aspects of the proceeding: the document production motions, the motions to compel further examinations for discovery, and the preparation for and conduct of the examination of a representative of the defendant. The court held that the conduct of the defendants, in failing to produce some documents and essentially wasting the plaintiff’s time at an examination for discovery, justified a partial award for special costs, but that to award special costs for the whole proceeding would be disproportionate (at paras. 10-11).

Other Questions


What is the test for an award of special costs in a personal injury action? (British Columbia, Canada)
What is the legal test for a personal representative to proceed in a personal injury proceeding? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
What is the test for awarding special costs in personal injury cases? (British Columbia, Canada)
What is the test for awarding special costs in a personal injury case? (British Columbia, Canada)
In a personal injury action, has the court ever awarded special costs for non-disclosure of documents? (British Columbia, Canada)
What is the test for making a cost award in a personal injury case? (British Columbia, Canada)
What is the standard for awarding special costs in a personal injury action? (British Columbia, Canada)
In what circumstances have special costs been awarded in personal injury cases? (British Columbia, Canada)
How have special costs been awarded in a personal injury case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.