Is there a deduction for security for costs for an application prepared but not pursued?

British Columbia, Canada


The following excerpt is from Moon Development Corporation v. Pirooz, 2016 BCCA 22 (CanLII):

The respondent prepared, but did not eventually pursue, an application for security for costs. There may be circumstances where it is appropriate to make a deduction for an application that is prepared but not pursued: see e.g. Hockhold v. Gerbrandt, 2016 BCCA 5 (Registrar) at para. 52. In this appeal, however, it was entirely reasonable to prepare this application, given the costs to which the respondent was being put. Though no benefit was obtained because the application was not pursued, I am still of the view that these costs were proper or reasonably necessary and the disbursements were necessary and properly incurred. I decline to make any deduction in this regard.

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