What constitutes misconduct on the part of litigants?
British Columbia, Canada
The following excerpt is from Briante v. Vancouver Island Health Authority, 2015 BCSC 807 (CanLII):
Misconduct on the part of litigants is a factor which may justify departure from the usual rule as to costs. Misconduct in this sense does not refer to merely suboptimal conduct, conduct short of perfection, or questionable judgment, but rather means conduct which “manifestly warrants rebuke”: LeClair v. Mibrella Inc., 2011 BCSC 533 at para. 11.
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