What are the principles relevant to this appeal on a solicitor and client basis?
Saskatchewan, Canada
The following excerpt is from Saskatoon & Region Home Builders' Association Inc v The Children's Wish Foundation of Canada, 2014 SKQB 89 (CanLII):
The case of Siemens v. Bawolin, 2002 SKCA 84 at para. 118 articulates the exercise of the court’s discretion to award costs on a solicitor and client basis: 118 These are the principles, relevant to this appeal, which I take from my review of the above authorities: 1. solicitor and client costs are awarded in rare and exceptional cases only; 2. solicitor and client costs are awarded in cases where the conduct of the party against whom they are sought is described variously as scandalous, outrageous or reprehensible; 3. solicitor and client costs are not generally awarded as a reaction to the conduct giving rise to the litigation, but are intended to censure behaviour related to the litigation alone; 4. notwithstanding point 3, solicitor and client costs may be awarded in exceptional cases to provide the other party complete indemnification for costs reasonably incurred.
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