What is the legal test for solicitor-client costs?

Newfoundland and Labrador, Canada


The following excerpt is from Humby v. Newfoundland and Labrador Housing Corporation, 2011 NLCA 48 (CanLII):

Appellants’ counsel seeks solicitor-client costs on the present applications. The criteria for an award of solicitor-client costs were reviewed in Holloway v. Holloway, 2001 NFCA 17. The Court in Holloway at para. 69, affirmed that a high threshold should be set for the granting of such awards, requiring evidence of impropriety or unnecessary harm in the nature of: … scandalous, outrageous, reprehensible, deserving of reproof or rebuke, bad faith, serious misconduct, flagrant acts meriting censure, acting on improper motives, serious dereliction of duty and gross neglect – conduct bordering on abuse of the court and its process, not merely negligence or mistake in bona fide assuming a case has some merit when in fact it does not… [Underlining in original deleted]

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