In a personal injury action, is the respondent entitled to a lump sum award of 90% of her legal expenses?
British Columbia, Canada
The following excerpt is from J.H.F. v. S.H.F.N., 2015 BCSC 654 (CanLII):
The respondent seeks a “lump sum award of 90% of [her] legal expenses”. I have no evidence of those expenses. In Gichuru v. Smith, 2014 BCCA 414, the court disapproved the practice of judges awarding costs in a lump sum. I am not invited by the respondent to fix the amount of costs by conducting my own assessment, and I do not understand the respondent to be using the expression “lump sum” in that manner. In my view the appropriate approach in this application is that the order should say no more than that the respondent is entitled to special costs to be assessed. The petitioners’ application for special costs is dismissed. “Affleck J.”
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