In a personal injury action, in what circumstances will the court award thrown away costs for failing to provide a 218.1 statement?
Alberta, Canada
The following excerpt is from Kowdrysh v. Delong, 2002 ABQB 207 (CanLII):
This is such a situation. The decision of Armstrong v. Foxridge, supra, provides further authority. There, the court awarded thrown away costs in circumstances such as these where counsel erred in not providing a 218.1 statement even though he knew, or should have known for a long time, that that matter was in issue.
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