How has the BCSC interpreted Rule 14-1(9) of the Rules of Civil Procedure and Procedure regarding the exercise of discretion of the Court of Appeal?
British Columbia, Canada
The following excerpt is from Gichuru v. Pallai, 2012 BCSC 1316 (CanLII):
In LeClair v. Mibrella Inc., 2011 BCSC 533, Voith J. provided the following useful commentary with respect to the exercise of the court’s discretion in this regard at para. 11: First, Rule 14-1(9) is not intended to provide an unsuccessful party with an opportunity to parse through the litigation conduct of the opposing party searching for behaviour that might be criticized. I do not say that the discretion which is conferred in Rule 14-1(9) is limited to exceptional cases. The Rule is not, however, intended to address imperfect or less than optimal conduct. It is generally not intended to address questionable judgment. Instead it provides the court with an objective means of communicating its censure in relation to conduct that manifestly warrants rebuke.
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