Can a party be awarded special costs of an application to strike an action as an abuse of court process?

British Columbia, Canada


The following excerpt is from Woodward & Company Lawyers LLP v The Tsilhqot’in National Government, 2021 BCSC 16 (CanLII):

Rule 9-5(1) expressly provides that a party may be awarded special costs of an application to strike an action as an abuse of court process. As observed by MacKenzie J.A. in Hollander v. Mooney, 2017 BCCA 238 at para. 79, “[c]onduct that is an abuse of court process is, by its nature, reprehensible and deserving of rebuke.”

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