What is the test for an order for special costs?
British Columbia, Canada
The following excerpt is from Zhang v 328633 B.C. Ltd., 2021 BCSC 650 (CanLII):
Under Rule 14-1(1)(b) of the Rules, this court may award special costs for all or part of a proceeding. An order for special costs must be founded in some form of “reprehensible conduct”, the test for which was recently summarized in De Cotiis v. Hothi, 2020 BCSC 1545, aff’d 2021 BCCA 60:
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