What are the special costs of a litigant who has been found liable for tortfeasor’s conduct?
British Columbia, Canada
The following excerpt is from Daum v Borsuk, 2020 BCSC 2013 (CanLII):
Special costs are warranted where a litigant’s conduct is reprehensible. Frivolous and vexatious litigiousness, even where not amounting to “scandalous or outrageous” conduct, is reprehensible, and considered “misconduct deserving of reproof or rebuke”: Gichuru v. Smith, 2014 BCCA 414 at paras. 78–79.
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