A relatively recent decision from the BC Court of Appeal will shield defendants from potential exposure to special costs orders, even if they end up losing the litigation. The decision creates an uneven playing field, where in certain types of litigation, successful defendants will recover special costs but successful plaintiffs will not. Plaintiffs’ counsel will ...
One of the most exasperating aspects of civil litigation for clients is the issue of court ordered costs. Ordinarily, the party that wins a case is entitled to have their “costs” paid by the other side. The court’s ability to award costs is discretionary and, as a result, often difficult to predict.
There are, generally speaking, two types of costs awards: “party and ...
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