What are some circumstances where special costs can be awarded in personal injury cases?

British Columbia, Canada


The following excerpt is from Hirji v. Owners Strata Corporation VR44, 2016 BCSC 548 (CanLII):

Justice Walker also articulated a number of circumstances where special costs could be awarded in Mayer v. Osborne Contracting Ltd., 2011 BCSC 914 at para. 11: (a) where a party pursues a meritless claim and is reckless with regard to the truth; (b) where a party makes improper allegations of fraud, conspiracy, fraudulent misrepresentation, or breach of fiduciary duty; (c) where a party has displayed “reckless indifference” by not recognizing early on that its claim was manifestly deficient; (d) where a party made the resolution of an issue far more difficult than it should have been; (e) where a party 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; (d) where a party 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; (e) where a party brings a proceeding for an improper motive; (f) where a party maintains unfounded allegations of fraud or dishonesty; and (g) where a party pursues claims frivolously or without foundation.

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