Is retaining counsel from an out-of-town counsel an expense or cost for the unsuccessful litigant?
British Columbia, Canada
The following excerpt is from Miley v. Abulaban, 2015 BCSC 720 (CanLII):
I therefore conclude from a review of the case law that the extravagance of retaining out-of-town counsel when competent local counsel are available should be viewed as being expenses or costs that should not be borne by the unsuccessful litigant but there may be circumstances, as the court found in Moore v. Dhillon, where the retention of out-of-town counsel should be a cost to which the successful party is appropriately indemnified.
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