What are the costs of an application brought by E. & Y. Y. R.R. and Y.Y.C. for damages?
British Columbia, Canada
The following excerpt is from Pan-Afric Holdings Ltd. v. Ernst & Young LLP, 2007 BCSC 685 (CanLII):
Notwithstanding E. & Y. has been successful, at least to the point of obtaining a conditional stay, I am not prepared to award costs at this time. Rather, as Powers J. did in Harrison v. Fedderly Transportation Ltd. (2006), 60 B.C.L.R. (4th) 367, 2006 BCSC 1685 (at para. 30), I am going to exercise my discretion, and order that costs in this action to date, including this application, be contingent on certain events.
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