What is the effect of special costs on procedural fairness?
British Columbia, Canada
The following excerpt is from Walsh v. Muirhead, 2020 BCCA 225 (CanLII):
In support of his position, the appellant emphasizes the relationship between procedural fairness and the punitive nature of a special costs award. In Gichuru v. Pallai, the punitive aspect of special costs, even as applied against parties to an action, was held to raise procedural fairness concerns:
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