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B.C. Court of Appeal sets bright line on when to award special costs

Wednesday, May 17, 2017 @ 8:36 AM | By Tom Venetis

The B.C. Court of Appeal set out a bright line that special costs should be reserved for misconduct during litigation and not awarded for prelitigation conduct.

The main issue on appeal was whether Justice Bruce Butler of the Supreme Court of British Columbia in Smithies Holdings Inc. v. RCV Holdings Ltd. 2016 BSCS 396, had erred in principle by relying on prelitigation conduct in awarding special costs.

Justice Butler ruled that Smithies Holdings Inc. (SHI), E.M. Smithies Investments Inc. (EMS) and 0704824 B.C. Ltd. (Numbered Company)...