What is the test for special costs in a personal injury case?
British Columbia, Canada
The following excerpt is from McNamara v. Kooner, 2002 BCSC 1160 (CanLII):
[22] The purpose of special costs is to punish a party for “reprehensible conduct” during the course of the litigation process rather than to indemnify the other party for its legal costs: Fullerton v. Matsqui (District) (1992), 74 B.C.L.R. (2d) 311 (B.C.C.A.)
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