Can a defendant be ordered to pay costs of a class action?
British Columbia, Canada
The following excerpt is from Bartram et al v. GlaxoSmithKline Inc. et al., 2015 BCSC 315 (CanLII):
The plaintiffs rely on a number of Ontario cases where the defendants have been ordered to pay costs of the notice, but as Fitzpatrick J pointed out in Dominguez v. Northland Properties Corporation, 2012 BCSC 539 at para. 82 the application of Ontario authorities is limited on this point because Ontario allows the successful party in a class action to recover costs, while British Columbia has a “no costs” class action regime.
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