What is the test for an assertion of genuine belief in a claim?
British Columbia, Canada
The following excerpt is from Suman v. Invermere (District), 2014 BCSC 160 (CanLII):
I find that the petitioners’ position is an assertion of “genuine belief”. That is not a basis to vary from the general rule on costs. I addressed this in Rowe v. Thomson, 2011 BCSC 617 at para. 10: The expectation of the courts is that parties to litigation have a genuine belief in the correctness of their position. Otherwise, they should not be proceeding to court… Costs are intended to reward the successful party, not assess the level of belief each party may have in the correctness of [his or her] position.
"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
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is a claim for future care a pecuniary part of the claim? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
In a personal injury claim for housekeeping services provided by a close friend, does the claim need to be reviewed carefully? (British Columbia, Canada)
Does a wilfully false statement in a motor vehicle accident claim constitute material material to another claim? (British Columbia, Canada)
In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation? (British Columbia, Canada)
What is the difference between moral claims and moral claims? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
Is there any case law supporting the argument that a claim is not a contractual claim? (British Columbia, Canada)
