What are the consequences of reprehensible conduct of a party in an action for special costs?
British Columbia, Canada
The following excerpt is from Jacques v. Rona Inc., 2019 BCSC 2459 (CanLII):
Special costs are awarded where a party has engaged in reprehensible conduct. Some examples of circumstances that meet that threshold are pursuing a meritless claim and being reckless with regard to the truth; making improper allegations of fraud, conspiracy, fraudulent misrepresentation, or breach of fiduciary duty; displaying reckless indifference by not recognizing early on that a claim is manifestly deficient; and presenting a case so weak that it is bound to fail: Mayer v. Osborne Contracting Ltd., 2011 BCSC 914.
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