What is the test for denying a substantially successful party's costs?
British Columbia, Canada
The following excerpt is from D.R. v. E.P.R., 2016 BCSC 550 (CanLII):
The final branch of the Fotheringham analysis is to consider whether there is any reason to deprive the substantially successful party of his or her costs. Conduct that may support a denial of costs include giving false evidence at trial or during an examination for discovery or failing to comply promptly with disclosure obligations or other misconduct that manifestly warrants review: LeClair v. Mibrella Inc., 2011 BCSC 533.
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