In what circumstances will a trial judge refuse to award double costs to a successful plaintiff?
British Columbia, Canada
The following excerpt is from Roy v. 1216393 Ontario Inc., 2011 BCSC 752 (CanLII):
There remains a residual discretion on the part of the trial judge to nonetheless decline to award double costs: Deacon v. Barron, 2009 BCSC 637. However, in that case the unsuccessful defendant was of limited means and the imposition of double costs would have constituted a hardship. In this case, those roles are reversed in that the successful plaintiffs are a semi-retired couple of modest means while the defendant is a land developer.
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