Can a lawyer be ordered to pay special costs under Rule 14-1(33)?
British Columbia, Canada
The following excerpt is from Davies v Canada Shineray Suppliers Group Inc., 2017 BCSC 1729 (CanLII):
Special costs may also be ordered under Rule 14-1(33). In Nazmdeh v. Spraggs, 2010 BCCA 131, it was held that the secondary function of this rule is punitive, based on the court’s power to control its processes, including the conduct of lawyers, and a lawyer may be ordered to pay special costs where there is reprehensible or serious misconduct in the litigation process.
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