What is the test for awarding special costs in a personal injury action?
British Columbia, Canada
The following excerpt is from Watson v. Seacastle Enterprises Inc., 2007 BCSC 365 (CanLII):
The test for the awarding of special costs is whether or not a party’s conduct is worthy of rebuke. An attempt to contaminate evidence is conduct worthy of rebuke (see Coulter v. Ball, 2003 BCSC 1186 at paras. 23 and 88). The evidence does not support the plaintiff’s contention that the defendant engaged in the reprehensible conduct of influencing the testimony of a witness. There will be no special costs. Decision
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