What is the impact of Justice Griffin's comments in the context of the Court of Appeal's decision in the case of the unsuccessful party seeking special costs against the successful party?

British Columbia, Canada


The following excerpt is from S A S Johal Enterprises Inc. v. 0899979 BC Ltd., 2016 BCSC 775 (CanLII):

I have considered also Justice Griffin’s comments in Hoffman v. Percheson, 2011 BCSC 1175, about the serious allegations of misconduct made by the unsuccessful party against the successful party, considered deserving of rebuke by an award of special costs, taken into account together with the deliberately obstructionist actions of the unsuccessful party.

Other Questions


Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What is the test for a party to appeal against a decision by the Court of Appeal? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
What is the legal test for a successful party to recover costs from the successful party? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
Can a court order special costs to punish a party for misconduct in the proceedings or to compensate the other party for misbehaviour? (British Columbia, Canada)
Is a successful party entitled to a judgment from the Court of Appeal pending an appeal? (British Columbia, Canada)
In what circumstances will the respondent be able to seek special costs from the Court of Appeal for damages arising out of a groundless and malicious litigation? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.