Is there any case law where misconduct by one plaintiff during the litigation was described as "scandalous, outrageous and reprehensible"?
British Columbia, Canada
The following excerpt is from Prodor v. Canwest Publishers Ltd., 1997 CanLII 4182 (BC SC):
In National Hockey League v. Pepsi-Cola supra, while the misconduct of one of the plaintiffs during the litigation was described as "scandalous, outrageous and reprehensible", it was acknowledged that, rather than ordering increased costs to punish the plaintiffs generally either for the misconduct of the one plaintiff or the indirect complicity of the other plaintiffs in that misconduct, the trial judge had properly concluded that it would be unjust not to take the extra costs resulting from that misconduct into account when setting the proportion by which increased costs should exceed 50 per cent of special costs.
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