What is the test for awarding special costs in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from MacPhee v. Kao, 2009 BCSC 785 (CanLII):

The plaintiff relies on Yarrow v. Marsh, 2002 BCSC 1196, [2002] B.C.T.C. 1196, for the principle that awarding special costs discourages frivolous claims or defences, and abusive proceedings, and encourages prompt and early settlements. The plaintiff submits it was unreasonable and abusive for Cox not to admit liability for the collision and to allege that the negligence of the plaintiff caused the collision when there was no reasonable basis for such an allegation.

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