Can a plaintiff company pay defendants costs if their action fails?

British Columbia, Canada


The following excerpt is from Bergen v. Victoria Shipyards, 2000 BCSC 130 (CanLII):

The court must consider if the plaintiff company might be unable to pay the defendants costs should its action fail. [Ruko of Canada v. CIBC, [1991] B.C.J. No. 3157 (B.C.S.C.) (Q.L.)].

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