In a personal injury action, does the claimant have to pay special costs for failing to disclose disclosed documents?
British Columbia, Canada
The following excerpt is from Slogoski v. Mullan, 2016 BCSC 456 (CanLII):
With regard to special costs, the claimant admits that court orders were breached for failing to file disclosed documents, but that the claimant did not do this for reasons of malice or improper motive. In Rozen v. Rozen, 2002 BCCA 537, the failure to disclose important financial information was found to be akin to deliberately misleading the court and justified special costs.
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