In what circumstances will special costs be awarded for misconduct in the course of litigation?
British Columbia, Canada
The following excerpt is from Adtronics Signs Ltd. et al. v. Sicon Group Inc., et al. (re costs), 2005 BCSC 440 (CanLII):
In Sun Life Assurance Company of Canada v. Ritchie (2000), 76 B.C.L.R. (3d) 93, 2000 BCCA 231. Lambert J.A. stated (at ¶54): Special costs are usually awarded only in relation to misconduct in the course of the litigation itself. However, there may arise circumstances where special costs may be awarded because of the reprehensible conduct giving rise to the litigation, particularly where the fruits of the litigation do not provide any appropriate compensation in relation to the reprehensible conduct. [emphasis added]
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