Can a court order special costs in a personal injury case?
British Columbia, Canada
The following excerpt is from Young et al v. Fleischeuer et al, 2006 BCSC 1806 (CanLII):
The court has discretion to order special costs as referred to in the Rule, but the discretion must be exercised judicially. Special costs are generally awarded only where there has been reprehensible, scandalous, or outrageous conduct on the part of one of the parties (see: Young v. Young (1993), 1993 CanLII 34 (SCC), 108 D.L.R. (4th) 193 (S.C.C.)).
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