Is Rule 37(26.1) of the Canadian Rules of Civil Procedure sufficient to block a double costs claim?

British Columbia, Canada


The following excerpt is from Hewitt v. Hewitt, 2007 BCSC 1461 (CanLII):

Our courts have strictly construed Rule 37(26.1). “As favourable as, or more favourable than” has been interpreted such that even a marginally less favourable judgment will thwart a double costs claim: O’Brien v. O’Brien (1993), 88 B.C.L.R. (2d) 183.

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