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Tag Archives: pre-litigation conduct

Can a Party get Special Costs based on Pre-Litigation Conduct?

Posted in Case Comments, Procedure, Real Property

In Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177, the BC Court of Appeal considered whether special costs can be awarded based on pre-litigation conduct.  The Court reviewed the conflicting jurisprudence and unanimously concluded that a bright line should be drawn: pre-litigation conduct should not be considered in determining whether to award special costs.… Continue Reading