What is the test for special costs for 10 days of a trial?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan LMS 3259 v. Sze Hang Holding Inc., 2017 BCCA 346 (CanLII):
I turn first to the award for special costs for 10 days of the trial. Special costs are typically awarded when there has been some form of reprehensible conduct by a party which the court determines should be subject to rebuke: Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at 134. While special costs are usually awarded for the whole of a proceeding, it is open to a judge to make a partial award of special costs if he or she is of the view that it would be disproportionate to award special costs for the entire proceeding: Gichuru v. Smith, 2014 BCCA 414 at para. 91.
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