In what circumstances will a judge limit an award of special costs to a specific time period?
British Columbia, Canada
The following excerpt is from 567 Hornby Apartment Ltd. v. Le Soleil Hospitality Inc., 2016 BCSC 1340 (CanLII):
In Muncaster v. Nunnenmacher, [1996] B.C.J. No.885 (BCCA), the trial judge limited an award of special costs to a specific time period in the litigation because the fraudulent document justifying the special costs award in that case did not play a major part in the action. Mr. Justice Finch (as he then was) dismissed the appeal, but noted such a limitation on a special costs award was “unusual”.
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