Small Claims Costs and Penalties (20:XV): Difference between revisions
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Small Claims Costs and Penalties (20:XV) (view source)
Revision as of 21:08, 23 November 2022
, 23 November 2022→A. Costs to Successful Party
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In circumstances where the successful party has acted unfairly, withheld information, misled the court, or wasted the court’s time, the successful party may have to pay the unsuccessful party’s costs (''Tilbert v Jack'', [1995] BCJ No 938). | In circumstances where the successful party has acted unfairly, withheld information, misled the court, or wasted the court’s time, the successful party may have to pay the unsuccessful party’s costs (''Tilbert v Jack'', [1995] BCJ No 938). | ||
'''NOTE:''' A lawyer’s fees cannot generally be claimed as expenses (''Small Claims Act'', s 19(4); and ''Weeks v Ford Credit Canada Ltd.'', [1994] BCJ No 1737). The only exception is where the contract between the parties requires the reimbursement of legal costs however this only applies to legal '''fees''' that are not related to the claim (''[http://canlii.ca/t/24391 Wetterstrom et al. v Craig Management Enterprises Ltd.]'', 2009 BCPC 165 (CanLII)). | :'''NOTE:''' A lawyer’s fees cannot generally be claimed as expenses (''Small Claims Act'', s 19(4); and ''Weeks v Ford Credit Canada Ltd.'', [1994] BCJ No 1737). The only exception is where the contract between the parties requires the reimbursement of legal costs however this only applies to legal '''fees''' that are not related to the claim (''[http://canlii.ca/t/24391 Wetterstrom et al. v Craig Management Enterprises Ltd.]'', 2009 BCPC 165 (CanLII)). | ||
== B. Frivolous Claims == | == B. Frivolous Claims == | ||