Is hardship a factor in determining a plaintiff's claim for a reduction in costs?

Yukon, Canada


The following excerpt is from H. v. H., 2003 YKSC 51 (CanLII):

Also, I would, in terms of what facts are to be considered in this case, give some weight to the case of Mack v. Taks, [2003] B.C.J. No. 1709, with respect to hardship. Although I do find it to be a factor, I do not find it, as stated in the judgment of McEwan J., quoting from Madam Justice Prowse: ...financial hardship in itself is not a sound basis for departing from the usual rule with respect to costs. That it is not, in this case, a sound basis. I find that it is a factor to be considered, and I do not go so far as to say that it cannot be a sound basis. I have, therefore, given some consideration to it, not as a basis, but only as a factor.

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