What is the test for making a claim for special costs in a personal injury case?
British Columbia, Canada
The following excerpt is from Chaplin v. Sun Life Assurance Company of Canada et al., 2004 BCSC 116 (CanLII):
A litigant making such claims must do so only after careful consideration and on the basis of the existence of a prima facie case. Special costs are available as chastisement against those who ignore the pre-requisite foundation to serious allegations of fraud and dishonesty. [Ip v. I.C.B.C. (1994), 89 B.C.L.R. (2d) 251 (S.C.)]
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