Is a plaintiff entitled to special costs for making the submissions of double costs?
British Columbia, Canada
The following excerpt is from Pham-Fraser v. Smith, 2010 BCSC 694 (CanLII):
The plaintiff claims special costs for having to make the submissions of double costs. I disallow this request. Special costs are payable where a party’s conduct is general considered scandalous, outrageous or reprehensible. It is conduct which tends to bring the courts and its processes into disrepute and is deserving of the court’s rebuke: Glase v. Glase, 2008 BCSC 887; Jampolsky v. Shattler, 2010 BCSC 408
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