Are there two exceptions to the doctrine of special costs for misconduct in the course of litigation?
British Columbia, Canada
The following excerpt is from Poirier v. Wal-Mart Canada Corp., 2007 BCSC 66 (CanLII):
The second exception was recognized by Lambert J.A. in Sun Life Assurance Company v. Ritchie, 2000 BCCA 231, at ¶ 54: Special costs are usually awarded only in relation to misconduct in the course of the litigation itself. However, there may arise circumstances where special costs may be awarded because of reprehensible conduct giving rise to the litigation, particularly where the fruits of the litigation do not provide any appropriate compensation in relation to the reprehensible conduct.
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