Date: 2007-11-28 Docket: S021747. S.K. Ballance J. | Link

In a marathon trial that resulted in the dismissal of the Plaintiff's claims, the Defendants seek exceptional costs as a punitive measure. The plaintiff had alleged fraudulent and/or negligent misrepresentation in addition to breach of contract, breach of trust and fiduciary duty, and unjust enrichment. At para 18, the Court says that special costs are warranted because "this is a case where the allegations of fraudulent misrepresentation, conspiracy and the like, which encompassed accusations of deliberate falsification of documents, extortion and the creation of an illicit partnership, did not have a shred of real evidence." The Registrar's decision on the costs, amounting to well over $1 million, is 2009 BCSC 628 .