What is the legal test for lump sum awards for special costs?
British Columbia, Canada
The following excerpt is from Hy’s North Transportation Ltd. v. Yukon Zinc Corporation, 2014 BCSC 2291 (CanLII):
Historically, lump sum awards for special costs have been assessed using three different approaches: 1) Full indemnity basis (full recovery of actual legal expenses); 2) Substantial indemnity basis (a percentage - usually 80 - 90% of actual legal costs; or 3) The so-called “rough and ready approach”. Buchan v. Moss Management Inc., 2010 BCSC 121 at para. 27; Dawson at para. 64
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