In what circumstances will the Court award special costs in a family law proceeding?
British Columbia, Canada
The following excerpt is from Lessard v Mahoney, 2019 BCSC 551 (CanLII):
In D’Atri v. Gonzalez, 2017 BCSC 1244, Justice Young heard a special costs application in a high conflict family law proceeding. The father had brought numerous applications to: reduce his support obligations; have the claimant’s new partner produce documents; and, strike out paragraphs of the claimant’s affidavit, which attached the respondent’s undisclosed documents. The father’s applications were dismissed and his appeals were also dismissed. The father had commenced or threatened numerous other actions. Special costs were awarded: paras. 54-56.
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