Can a court award special costs to a party who engages in reprehensible conduct?
British Columbia, Canada
The following excerpt is from Barber v. Barber, 2001 BCSC 313 (CanLII):
The case law recognizes that a court may award special costs where the conduct of a party is scandalous, outrageous or reprehensible. In Leung v. Leung (1993), 77 B.C.L.R. (2d) 314 (B.C.S.C.) Esson C.J.S.C. described "reprehensible" conduct as being "deserving of reproof or rebuke".
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