In what circumstances will a judge order special costs in a personal injury case?
British Columbia, Canada
The following excerpt is from Bronson v. Hewitt, 2011 BCSC 102 (CanLII):
In most cases it is not appropriate for a trial judge to summarily determine special costs. The judge simply does not have sufficient reference points to determine whether those costs are reasonable. Some of the difficulties were highlighted by Kirkpatrick J. (as she then was) in Canadian National Railway Company v. A.B.C. Recycling Ltd., 2005 BCSC 1559 at paras. 28-29:
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