In a consent dismissal action, can a court order a "shadow trial" where there has been no adjudication of the matter?
British Columbia, Canada
The following excerpt is from Boissonnault v Marler, 2021 BCSC 678 (CanLII):
In Lim v. Zhu, 2019 BCSC 88, Justice Adair was addressing the matter of costs after a settlement had been reached resulting in a consent dismissal. She considered various Ontario authorities in similar circumstances where there had been no adjudication of the matter, yet one party asserted that they had essentially succeeded. In the face of a settlement of the dispute, Adair J. rejected that a “shadow trial” was appropriate in the context of a costs application:
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