In what circumstances will a judge award a special costs award for an unsuccessful claim?
British Columbia, Canada
The following excerpt is from Halliday v Halliday Estate, 2019 BCSC 1242 (CanLII):
In Lantzius Estate, 2015 BCSC 1687, Madam Justice Gropper held that unsuccessful allegations of undue influence were insufficient to justify special costs. At para. 25, Gropper J. observed: 25 In Hung v. Gardiner, 2003 BCSC 285, Mr. Justice Joyce considered whether allegations of bad faith and malice that had not been proven, justified an award of special costs. At para. 16 he stated:
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