In what circumstances will a defendant be ordered to pay extrajudicial costs?
Quebec, Canada
The following excerpt is from Markarian c. Marchés mondiaux CIBC inc., 2006 QCCS 3314 (CanLII):
In Construction Val-d’Or ltée v. Gestion LRO (1997) inc.,[113] the Court of Appeal awarded extrajudicial costs refused in first instance, on the grounds that the defendant abused its right to sue and be sued by proposing a deliberately false defence, by forcing the plaintiffs to demonstrate what it was well aware of and by submitting a cross demand for loss of reputation, whereas it had knowingly committed the alleged acts. Some of those elements are found in the case at bar.
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