Can a judge exercise his discretion in ordering costs against a plaintiff?
British Columbia, Canada
The following excerpt is from Moyer v. Mortensen, 2011 BCSC 265 (CanLII):
In Fotheringham v. Fotheringham, 2001 BCSC 1321, leave to appeal ref’d 2002 BCCA 454, Bouck J., at para. 18, stated that a trial judge has absolute and unfettered discretion with respect to costs, and that it ought not to be exercised against a successful party except for some reason in connection with the case.
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