What is the impact of punitive damages on a plaintiff's ability to obtain an order for special costs?
British Columbia, Canada
The following excerpt is from Golden Capital Sec. Ltd. v. Holmes, 2003 BCSC 1265 (CanLII):
In Shipp v. Tremblay, [1998] B.C.J. No. 2088 (S.C.), Macaulay J. considered the relationship between an award of punitive damages and an order for special costs and stated at para. 2: Where, as here, the conduct justified punitive damages, care must be taken to avoid the appearance of double punishment for the same behaviour.
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