Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177
| Jurisdiction | British Columbia |
| Judge | The Honourable Mr. Justice Groberman,The Honourable Madam Justice MacKenzie,The Honourable Mr. Justice Goepel |
| Citation | 2017 BCCA 177 |
| Docket Number | CA43569Docket: CA43570 |
| Court | Court of Appeal (British Columbia) |
| Date | 09 May 2017 |
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146 practice notes
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Oslanski v Oslanski, 2021 ABCA 68
...[full indemnity] costs based on Mobil’s pre-litigation conduct”) & Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177, ¶ 134; 410 D.L.R. 4th 82, 126 (“Special costs should be reserved to punish and deter reprehensible conduct in the course of litigation......
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Price v. Robson, 2017 BCCA 419
...Robson, Sabrina, and Katrina. Special costs were not awarded against Jonathan.[22] Citing Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177 at paras. 57 and 132, the judge noted that an order for special costs requires some form of “reprehensible conduct”, which can include “scanda......
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Driving Force Inc v I Spy-Eagle Eyes Safety Inc,
...or motivations of the litigants. There are other suitable mechanisms that serve that purpose: Smithies Holdings Inc v RCV Holdings Ltd, 2017 BCCA 177 at para. 134, 97 BCLR (5th) 88. [74] While the costs award should not have been based on pre-litiga......
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Zhao v. Chandi, 2021 BCSC 322
...Garcia at 746–747. Improper pre-litigation conduct is excluded from consideration: Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177 at paras. [6] The Court of Appeal recently reviewed the purpose underlying special costs in 567 Hornby A......
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141 cases
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Oslanski v Oslanski, 2021 ABCA 68
...[full indemnity] costs based on Mobil’s pre-litigation conduct”) & Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177, ¶ 134; 410 D.L.R. 4th 82, 126 (“Special costs should be reserved to punish and deter reprehensible conduct in the course of litigation......
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Price v. Robson, 2017 BCCA 419
...Robson, Sabrina, and Katrina. Special costs were not awarded against Jonathan.[22] Citing Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177 at paras. 57 and 132, the judge noted that an order for special costs requires some form of “reprehensible conduct”, which can include “scanda......
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Zhao v. Chandi, 2021 BCSC 322
...Garcia at 746–747. Improper pre-litigation conduct is excluded from consideration: Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177 at paras. [6] The Court of Appeal recently reviewed the purpose underlying special costs in 567 Hornby A......
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Driving Force Inc v I Spy-Eagle Eyes Safety Inc,
...or motivations of the litigants. There are other suitable mechanisms that serve that purpose: Smithies Holdings Inc v RCV Holdings Ltd, 2017 BCCA 177 at para. 134, 97 BCLR (5th) 88. [74] While the costs award should not have been based on pre-litiga......
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5 firm's commentaries
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Special Costs For Pre-Litigation Conduct
...took place prior to the commencement of legal proceedings. To address the inconsistency, in Smithies Holdings Inc. v. RCV Holding Ltd., 2017 BCCA 177, ("Smithies"), the BC Court of Appeal established a new "bright line rule" that pre-litigation conduct should not be considered in determinin......
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BC Court Of Appeal Confirms Tests For Setting Aside Default Judgment And For Special Costs Awards, In Case Where Pleadings Named The Wrong Party
...7. 9 Malik at para 13. 10 Malik at para 18-19. 11 Malik at para 21. 12 Malik at para 22. 13 Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177 at para 14 Malik at para 26. 15 Malik at para 29. 16 Malik at para 29. 17 Malik at para 29. 18 Malik at para 31. To view the original articl......
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BC Court Of Appeal Confirms Tests For Setting Aside Default Judgment And For Special Costs Awards, In Case Where Pleadings Named The Wrong Party
...7. 9 Malik at para 13. 10 Malik at para 18-19. 11 Malik at para 21. 12 Malik at para 22. 13 Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177 at para 14 Malik at para 26. 15 Malik at para 29. 16 Malik at para 29. 17 Malik at para 29. 18 Malik at para 31. To view the original articl......
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Can A Party Get Special Costs Based On Pre-Litigation Conduct?
...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 c......
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