Is a plaintiff entitled to a substantial indemnity cost for failing to disclose the facts to the court?

The more difficult question, in the peculiar circumstances of this case, is whether substantial indemnity costs should be awarded as a further sanction. Romilly J. of the British Columbia Supreme Court expressed the basis for such an award in Watson v. Slavik, above, at para 12: In light of my finding summarized above pertaining to the plaintiff's non-disclosure, I find an award of special costs is appropriate against the plaintiff. The courts cannot over-emphasize the duty of counsel to be profoundly fair when presenting the facts to the court on an ex parte application. To fail to be anything other than eminently fair with the presentation of the material facts on such an application is nothing short of reprehensible and deserves the censure and rebuke of the court which relies solely on that counsel to give it all the relevant facts upon which to do justice.