In ICBC v. Katinic et al, 2003 BCCA 147, Southin J.A. speaking for the court said at para. 4: ... In the fraud action she [the trial judge] ordered special costs. No appeal has been taken against that award by the defendants... That is not to say that if the defendants to that action had argued that special costs were not appropriate in the fraud action, that they might not have a point.
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