What are the circumstances in which a party can be ordered to pay special costs in a personal injury action?

British Columbia, Canada


The following excerpt is from TNT Industries Ltd. v K5 Contracting Ltd., 2018 BCSC 592 (CanLII):

In Mayer v. Osborne Contracting Ltd., 2011 BCSC 914 at para.11, the court set out a non-exhaustive list of circumstances in which special costs may be awarded. These include: (a) where a party pursues a meritless claim and is reckless with regard to the truth; … (c) where a party has displayed "reckless indifference" by not recognizing early on that its claim was manifestly deficient; (d) where a party made the resolution of an issue far more difficult than it should have been; … (f) where a party presents a case so weak that it is bound to fail, and continues to pursue its meritless claim after it is drawn to its attention that the claim is without merit; and, … (i) where a party pursues claims frivolously or without foundation.

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