Is a plaintiff entitled to a reproof or rebuke for the conduct of counsel in a personal injury action?
British Columbia, Canada
The following excerpt is from Adtronics Signs Ltd. et al. v. Sicon Group Inc., et al. (re costs), 2005 BCSC 440 (CanLII):
In Kongrecki v. Rafael (1995), 2 B.C.L.R. (3d) 196, 58 C.P.R. (3d) 522 (S.C.) Macdonald J. observed (at ¶18): I consider that the plaintiff, even separated from the conduct of his counsel, is deserving of reproof…. At the end of the day, almost every unsuccessful litigant is “deserving of reproof or rebuke”, or has been found to lack credibility. He declined to award special costs against the unsuccessful plaintiff.
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