Is a court entitled to a special costs award for gross misconduct?
British Columbia, Canada
The following excerpt is from Austin Industries v. General Elevator Maintenance Co., 2004 BCSC 820 (CanLII):
In Fullerton v. Matsqui (1993), 74 B.C.L.R. (2d) 311 (C.A.) Cummings J.A. held that an award of special costs has three goals: 1. To chastise a party for misconduct; 2. To compensate the opposing party for the increased expense, time and stress occasioned by the misconduct; and, 3. To disassociate the court from the offensive conduct.
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