What are the circumstances in which special costs can be ordered in personal injury cases?
British Columbia, Canada
The following excerpt is from R.L.C. v. R.G.C., 2015 BCSC 683 (CanLII):
In Mayer v. Osborne Contracting Ltd., 2011 BCSC 914, Mr. Justice Walker's summary of the circumstances in which special costs may be ordered included the following, at para. 11: (d) where a party made the resolution of an issue far more difficult than it should have been; (e) where a party who is in a financially superior position to the other brings proceedings, not with the reasonable expectation of a favourable outcome, but in the absence of merit in order to impose a financial burden on the opposing party; ...
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