What is the test for determining whether a plaintiff should have to pay additional special costs in a personal injury action?
British Columbia, Canada
The following excerpt is from Fowlds v. Chubb Insurance Co. of Canada, 1997 CanLII 2026 (BC SC):
The court may order increased costs if for any reason there would be an unjust result if costs were assessed under Scales 1 to 5. I find that the second of the principles set out by Donald J. (as he then was) in Just v. British Columbia (1992), 9 C.P.C. (3d) 302 (B.C.S.C.) is applicable here. I find that the defendant's conduct including the allegation of theft and more particularly, the allegation of fraud when there was no sound basis for doing so, amounts to hard-nosed and burdensome tactics. I award the plaintiff 75% of special costs.
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