Can an appeal respecting solicitor and client costs be dismissed?
British Columbia, Canada
The following excerpt is from Sussex Investments Ltd. v. Leskovar, 1981 CanLII 533 (BC CA):
I do not agree that the appeal respecting solicitor and client costs should be dismissed. I notice that in the course of one of his decisions in Cominco v. Westinghouse (1980), 16 C.P.C. 19 (B.C.S.C), Mr. Justice Bouck said at p. 22: On principle the case law suggests an award of solicitor and client costs should only be made in circumstances where there has been scandalous conduct by the responsible party, or some such exceptional incident.
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