Can a court order special costs to punish a party for misconduct in the proceedings or to compensate the other party for misbehaviour?
British Columbia, Canada
The following excerpt is from M.P. v. N.M., 2009 BCSC 40 (CanLII):
Special costs can be ordered, at the discretion of the court, to punish a party for misconduct in the proceedings or to compensate a party for misbehaviour of the other party. The conduct does not have to be “reprehensible” or “outrageous”. The conduct must be “deserving of reproof or rebuke”: Smith v. Smith, 2000 BCSC 297.
In family matters, the failure to disclose important financial information and deliberately misleading the court is “deserving of the rebuke of special costs”: Rozen v. Rozen, 2002 BCCA 537, 173 B.C.A.C. 102.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances have courts awarded special costs in family law cases where a party deliberately misled the court about income and marital assets? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage? (British Columbia, Canada)
In what circumstances will the BC Supreme Court order special costs for a contractor who fails to pay the costs of a construction project? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
What is the impact of Justice Griffin's comments in the context of the Court of Appeal's decision in the case of the unsuccessful party seeking special costs against the successful party? (British Columbia, Canada)
In what circumstances will a court order that the proceeds of a sale of machinery be returned to the court as proceeds of the sale of the machinery for damages? (British Columbia, Canada)
Does an order under s. 9 of the Guidelines on Special and extraordinary expenses include a separate order as to special and extraordinary expense? (British Columbia, Canada)
What is the current state of the law on leave to appeal from an order for special costs made separately from the substantive order? (British Columbia, Canada)
