In what circumstances have special costs been awarded in cases where there was no motive?

British Columbia, Canada


The following excerpt is from O'Connell Electric Ltd. et al v. British Columbia Hydro and Power Authority et al, 2006 BCSC 1632 (CanLII):

Similarly in Albion Securities v. Milne 1999 BCJ 2358, no mention of motive was made in coming to a conclusion that special costs should be awarded. Rather, the decision was based on the fact that there was an insufficient evidentiary basis upon which to allege fraud and conspiracy.

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