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
The following excerpt is from Godwin v Desjardins Financial Security Investments Inc., 2018 BCSC 690 (CanLII):
There are other situations in which the nature of the parties’ relationship may afford a successful party the right to claim special costs. As described in Gichuru v. Smith, 2014 BCCA 414 [Gichuru] at para. 90, these situations include provision having been made in a contract for an award of special costs:
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