What is the legal test for an award of solicitor and client costs?
Nova Scotia, Canada
The following excerpt is from Willisko v. Pottie Estate, 2015 NSSC 45 (CanLII):
I am satisfied that I have the authority to consider an award of solicitor and client costs. However, I am of the view that it is not appropriate. Although the conduct of the Respondent deserves a rebuke, I do not think that the present circumstances fall into the category of rare and exceptional circumstances that attracts a solicitor and client cost award. Rather, in keeping with the approach of Scanlon J. in McCully v. Rogers Estate, supra, I am of the view that an award of lump sum costs is appropriate.
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