Can expert testimony justify a special costs award?
British Columbia, Canada
The following excerpt is from Brach v. Letwin, 2015 BCSC 2081 (CanLII):
Advocacy on the part of expert witnesses justifying a special costs award was discussed in Coulter v. Ball et al, 2003 BCSC 1186, at paras. 75-76:
The use of obviously flawed expert reports is conduct that has been found by the Courts to warrant an award of special costs, see Heppner v. Schmand, supra. In McKitrickv. Iskic, [1999] B.C.J. No. 1724, Madam Justice Bennett stated, although declining to order special costs on that basis in the case before her at para. 11: There is no doubt that when a party bases a claim or defence on obviously flawed reports, or an unsubstantiated basis, special costs may be awarded.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a judge award a special costs award for an unsuccessful claim? (British Columbia, Canada)
What circumstances may justify a special costs award for a party who pursues a meritless claim? (British Columbia, Canada)
In what circumstances will a party be awarded a special costs award from the Court of Appeal? (British Columbia, Canada)
In what circumstances will a judge award a special cost of a motion? (British Columbia, Canada)
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
What is the standard for awarding special costs in a personal injury action? (British Columbia, Canada)
Can a judge award special costs for a number of trial days, attributable to reprehensible conduct? (British Columbia, Canada)
In a personal injury action, has the court ever awarded special costs for non-disclosure of documents? (British Columbia, Canada)
Can a party be awarded special costs of an application to strike an action as an abuse of court process? (British Columbia, Canada)
How have special costs been awarded in civil actions where the purpose of the civil action was to silence public opposition? (British Columbia, Canada)
