Can a court order special costs for a defendant who altered records after the examination for discovery to bolster its claim?
British Columbia, Canada
The following excerpt is from Perez v. Vancouver (Corp. of the City of), 2003 BCSC 579 (CanLII):
In Chan Estate v. Hwang, supra, the court found that the defendant altered records after the examination for discovery to bolster its claims, and that the "alteration and the continuation of the previous alteration of records… [was] reprehensible conduct . . ." (at ¶7). The court ordered special costs on grounds that included the defendants presenting forged documents to support its defence.
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