Is a notice to an expert of a claim for special costs against them an abuse of the court’s process?

British Columbia, Canada


The following excerpt is from Walker v. John Doe, 2014 BCSC 830 (CanLII):

In the circumstances of this case the notice to the expert of a claim for special costs against them is also an abuse of the court’s process. Assuming, for the sake of argument, that it might be possible to provide particulars that could support a claim for special costs in a notice under R. 11-6(10), the plaintiff did not attempt to do so. No particulars that could support a claim for special costs against a non-party were provided. In argument plaintiff’s counsel did not attempt to refer to the expert reports to establish a basis for any such claim. As there is no need to remind the experts of their duty to the court, the only reason I can discern for the plaintiff’s statement that he “shall” seek costs and other sanctions against the experts personally would be to intimidate the experts, or discourage them from giving evidence. Such actions are a misuse of the court’s procedure and must be recognized as an abuse of the court’s process: Behn v. Moulton Contracting Ltd., 2013 SCC 26 at paras. 39-41.

Other Questions


Can a party be awarded special costs of an application to strike an action as an abuse of court process? (British Columbia, Canada)
What is the test for striking a notice of civil claim due to an abuse of process? (British Columbia, Canada)
In what circumstances will the Court of Appeal award special costs to a litigant who made an entirely meritless claim? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
Can a court order special costs for a defendant who altered records after the examination for discovery to bolster its claim? (British Columbia, Canada)
When will the courts strike out a claim as an abuse of process? (British Columbia, Canada)
Can the court use its power to control the abuse of the court’s process by litigants pursuing vexatious applications? (British Columbia, Canada)
What is the test for an application under s. 18(1) of the BC's Rules of Court to prevent the habitual abuse of court processes? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
In what circumstances have courts awarded special costs in family law cases where a party deliberately misled the court about income and marital assets? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.