In British Columbia, special costs are not limited to cases involving reprehensible conduct by an unsuccessful party that is deserving of reproof or rebuke, although it is perhaps the most common basis. Two obvious exceptions are cases involving exceptional matters of public importance (see Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 SCR 331) and cases involving certain types of estate and trust litigation. Intact’s generalized submission on this point is therefore incorrect.
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