What is the standard of conduct in matrimonial litigation where the respondent has been accused of using anger and hurt as a weapon against the other party?
British Columbia, Canada
The following excerpt is from Isacson v Isacson, 2015 BCSC 736 (CanLII):
I am alive to the fact that matrimonial litigation is often marked by anger and hurt. However, it is inexcusable to use these emotions as a sword against the other party, as the respondent has done in this case, to attempt to skewer the other party into submission by putting her to excessive and unnecessary effort and expense. Such conduct can only be “neutralized by the willingness of the court to award special costs where such abuse occurs.”: Kim v. Hong, 2013 BCSC 2248, at para. 28.
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