What are the consequences of a defendant's application for special costs?
British Columbia, Canada
The following excerpt is from M.P. v. N.M., 2009 BCSC 40 (CanLII):
The defendant argues that the court ought to be wary of applications for special costs. Madam Justice Southin addressed the growing number of such applications as presenting a very great danger if special costs are awarded too often: Verlaan v. Von Deichmann, 2006 BCCA 389 at ¶35, 230 B.C.A.C. 90.
The defendant says that her conduct is, “better characterized as an adamant refusal to cooperate rather than an active concealment, non-disclosure or bad faith”: Van Duzen v. Van Duzen (16 May 2001), Vancouver No. F970287 (B.C.S.C.) at ¶18-21.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a defendant to seek costs for an application for costs after an offer to settle was made? (British Columbia, Canada)
Is there any case law where an unsuccessful applicant for Rule 18A application for a summary judgment or cost of costs? (British Columbia, Canada)
In what circumstances will the respondent be awarded special costs in the case of the petitioner’s application for an OCP and subsequent bylaws? (British Columbia, Canada)
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
Is there any restraint to exercised when considering an application for special costs? (British Columbia, Canada)
Does a defendant have to pay special costs if a plaintiff has made an offer to settle their claim? (British Columbia, Canada)
Can a party be awarded special costs of an application to strike an action as an abuse of court process? (British Columbia, Canada)
Can a court order a special levy, on application by an administrator, after the owners have voted down a special resolution? (British Columbia, Canada)
What are the consequences of reprehensible conduct of a party in an action for special costs? (British Columbia, Canada)
What are some cases where a defendant has been ordered to pay special costs for adduced expert opinion evidence? (British Columbia, Canada)
