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

British Columbia, Canada


The following excerpt is from Del Puppo v. Regional District Of Comox-Strathcona, 1998 CanLII 3203 (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 such allegations and claims were made to an award of special costs.

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