In what circumstances will the respondent be able to seek special costs from the Court of Appeal for damages arising out of a groundless and malicious litigation?
British Columbia, Canada
The following excerpt is from Slogoski v. Mullan, 2016 BCSC 456 (CanLII):
The respondent also points to Nesbitt v. Neufeld, 2011 BCCA 529 in which the court found that groundless and malicious litigation designed to cause emotional suffering and humiliation was a sufficient ground upon which to seek special costs.
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