Can an individual who makes allegations of breach of fiduciary duty, intentional misrepresentation and an insupportable claim for punitive and exemplary damages receive special costs?

British Columbia, Canada


The following excerpt is from Mononen v. Great-West Life Assurance Co., 1998 CanLII 6061 (BC SC):

In Hannan v. Methanex Corp. (17 June 1997) Vancouver C954845 Harvey J. concluded that when allegations of breach of fiduciary duty, intentional misrepresentation and an insupportable claim for punitive and exemplary damages were not abandoned until mid-trial, such attacks on the integrity of an individual "offend the court's sense of decency" and amount to "reprehensible conduct" entitling the individual against whom the such allegations and claims are made to an award of special costs.

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