What is the test for an award of costs under Rule 37B of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Mudry v. Minhas, 2010 BCSC 1110 (CanLII):
In Lakhani v. Elliott, 2010 BCSC 281, Voith J. noted that the purpose of an award of costs extends beyond indemnification. Instead, such awards provide the courts with a mechanism that allows for the promotion or advancement of given objectives considered to be significant to the conduct of litigation or its resolution. One of the purposes of the costs provisions in Rule 37B is to encourage conduct that reduces the duration and expense of litigation, and to discourage conduct that has the opposite effect.
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