What is the legal test for appeal against a special costs award?
British Columbia, Canada
The following excerpt is from Walsh v. Muirhead, 2020 BCCA 225 (CanLII):
The appellant sought leave to appeal the special costs award. Leave was granted on two issues: (1) the identity of the payor of costs; and (2) if the appellant should be liable to pay costs, whether the court below erred in granting special costs (Walsh v. Muirhead, 2018 BCCA 345).
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