What is the test for denying a plaintiff's costs?
British Columbia, Canada
The following excerpt is from P.C. Bang Pacific Theatre Ltd. v Klar Enterprises Inc., 2019 BCSC 1378 (CanLII):
The defendant refers to Justice Voith’s decision in LeClair v. Mibrella Inc., 2011 BCSC 533, in which he outlines the principles to consider when deciding whether to deny a plaintiff its costs notwithstanding its success. Costs may be awarded or denied to encourage or deter certain types of conduct during litigation.
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