What are the costs of a successful petitioner who has advanced an extremely exaggerated or fraudulent claim?
British Columbia, Canada
The following excerpt is from Da Costa v. Da Costa, 1999 CanLII 2764 (BC SC):
Some of the petitioner’s evidence which was not true – for instance that their estates were not separate after 1989 – may have been to some degree a matter of perspective. Other assertions – for instance of physical abuse – were dishonest. However, if it is “excessive” to order special costs against a successful petitioner who has advanced an extremely exaggerated or fraudulent claim, Tatar v. Kusch (1994), 29 C.P.C. (3d) 201, then neither the petitioner’s conduct nor that of her counsel has earned the censure of special or increased costs.
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