What are the circumstances in which a plaintiff can seek special costs in a personal injury action?
British Columbia, Canada
The following excerpt is from Galloway v. Barski, 2017 BCSC 719 (CanLII):
Further, special costs may be warranted where one party pursues a meritless claim and continues notwithstanding the absence of merit in the claim is brought to their attention; improper allegations of fraud or breach of fiduciary duty are included in the claim; where a party has been recklessly indifferent by not recognizing the deficiency in a claim; where a party brings a proceeding for an improper motive or where a claim is frivolous or without foundation; see Mayer v. Osborne Contracting Ltd., 2011 BCSC 914 at para. 11 [Mayer].
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