The court further awarded the infant plaintiff increased costs at 50% of special costs. This award was made before its assessment of plaintiff counsel’s legal fees for the action. In that regard, the court concluded that an assessment of plaintiff counsel’s actual legal fees was not essential to deciding the plaintiff’s application for increased costs: Bystedt v. Hay, 2002 BCSC 1400 at ¶16 and 35. In the reasons for judgment on the costs award, the court prefaced its ruling on an assumption of at least a 25% contingency fee agreement with the infant plaintiff in determining if a significant disparity existed between ordinary and special costs.
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