This Court recently discussed, in Gichuru v. Pallai, 2018 BCCA 78, one limit on the general discretion to award special costs. Neither the judge nor the parties had the benefit of that case. In Gichuru v. Pallai, Madam Justice Kirkpatrick held “the punitive nature of special costs demands some degree of procedural fairness” (at para. 88), such as the opportunity to respond to a claim for special costs.
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