What are the costs of misconduct in the context of a personal injury claim?
British Columbia, Canada
The following excerpt is from Kyle Estate v. Kyle, 2017 BCSC 752 (CanLII):
Ordinarily, Special Costs are only available for misconduct in the course of the litigation itself: Panghali Estate v. Panghali, 2014 BCSC 647. However, in exceptional circumstances, special costs can be awarded where pre-litigation conduct also warrants rebuke.
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