In what circumstances will a judge award a special cost of a motion?
British Columbia, Canada
The following excerpt is from Conor Pacific Group Inc. v. Canada (Attorney General), 2010 BCSC 1316 (CanLII):
In Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at para. 251, Madam Justice McLachlin, as she then was, held that special costs “are generally awarded only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties.”
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