Is there a presumption of injustice when ordinary costs fail to equal 50% of special costs?
British Columbia, Canada
The following excerpt is from Kimmons v. SHB Enterprises Ltd., 1999 CanLII 4385 (BC SC):
In Hoodspith Edwards J. referred to the decision of the court in Just v. British Columbia where Donald J. held that where ordinary costs failed to equal 50% of special costs a presumption of injustice arises. In this respect Just v. British Columbia is inconsistent with Rigoni v. Aston.
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