Can uplift costs be allowed after the scale of the cost is fixed?

British Columbia, Canada


The following excerpt is from Trial Lawyers Association of British Columbia v British Columbia (Attorney General), 2021 BCSC 1675 (CanLII):

Thus, uplift costs may be allowed after the scale of costs is fixed where, as a result of unusual circumstances, an award on that scale would be grossly inadequate or unjust: Berthin v. British Columbia (Registrar of Land Titles), 2017 BCCA 181 [Berthin] at para. 41.

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