What is the test for a party to seek special costs in a defamation case?
British Columbia, Canada
The following excerpt is from Metro-City Projects Inc. v. All Star Excavating Demolition Ltd., 2014 BCSC 2139 (CanLII):
The test for awarding special costs is that the party’s conduct was reprehensible, scandalous, frivolous and worthy of rebuke by the court. The respondent referred me to Behan v. Park, 2014 BCSC 1982, for support of the proposition that among other things, the failure to prove allegations of fraud is sufficient on its own to justify an award of special costs.
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