What is the test for awarding special costs in a personal injury case?
British Columbia, Canada
The following excerpt is from Sammartino v. Hiebert, 1997 CanLII 3343 (BC SC):
Special costs are awarded in circumstances where punitive action by the court is appropriate. They are not simply to indemnify. While there are cases in which a trial judge has used her or his discretion to limit an award of special costs to a particular period of time related to the impugned conduct, such an order is unusual: see Muncaster v. Nunnenmacher (1996), B.C.A.C. 211 at 214.
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