How have the Kropp factors been considered in the context of a plaintiff's failure to pay a costs award?
British Columbia, Canada
The following excerpt is from Wang v. British Columbia Medical Association, 2011 BCSC 1659 (CanLII):
In Wiest v. Middelkamp, 2004 BCSC 882, the Kropp factors were also considered in the context of a plaintiff’s failure to pay a costs award following an unsuccessful appeal of an interlocutory order in a family law proceeding. Given that failure, the defendant sought an order staying the proceedings until the costs award was paid by the plaintiff. Goepel J. acknowledged the court’s inherent jurisdiction to grant a stay of proceedings in such circumstances. He refused to do so, however, because he was not satisfied the plaintiff was abusing the court’s process and the order sought might prevent the plaintiff, who was impecunious, from pursuing her action.
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