What factors are considered in determining whether a party should be entitled to special costs?

British Columbia, Canada


The following excerpt is from Zigarlick v. Vernon (City), 2017 BCSC 512 (CanLII):

The seminal case on the factors to be considered in making an award of special costs is Mayer v. Osborne Contracting Ltd., 2011 BCSC 914, where Walker J. suggested at para. 11 that an award of special costs may be justified where a party: (a) … pursues a meritless claim and is reckless with regard to the truth; (b) … makes improper allegations of fraud, conspiracy, fraudulent misrepresentation, or breach of fiduciary duty; (c) … has displayed “reckless indifference” by not recognizing early on that its claim was manifestly deficient; (d) … made the resolution of an issue far more difficult than it should have been; (e) … who is in a financially superior position to the other brings proceedings, not with the reasonable expectation of a favourable outcome, but in the absence of merit in order to impose a financial burden on the opposing party; (f) … presents a case so weak that it is bound to fail, and continues to pursue its meritless claim after it is drawn to its attention that the claim is without merit; (g) … brings a proceeding for an improper motive; (h) … maintains unfounded allegations of fraud or dishonesty; and (i) … pursues claims frivolously or without foundation.

Other Questions


What factors will be considered by the courts when determining whether a plaintiff would be entitled to a general rule of common law common law costs under s. 3 of the Rules of Civil Procedure? (British Columbia, Canada)
What factors are considered in determining whether a child is entitled to be placed in a special care home? (British Columbia, Canada)
What factors will be considered in determining whether to award scale C costs in a case? (British Columbia, Canada)
What factors will be considered in determining whether to award double costs to a plaintiff? (British Columbia, Canada)
What factors must be considered in determining a cost for costs in a personal injury action? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What factors will the court consider when deciding whether to grant costs to a party seeking damages under the Negligence Act? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What factors will be considered in determining whether to award double costs? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.