A Plaintiff in a defamation action not only had its action dismissed, but its hands slapped by the Court with an order that it pay the Defendants special costs in the case of Taseko Mines Limited v. Western Canada Wilderness Committee, 2016 BCSC 109. Special Costs are only awarded against a party who has engaged in reprehensible conduct.
In Taseko Mines Limited v. Western Canada Wilderness Committee, the Court found it was reprehensible for the Plaintiff to have continued in its claim for punitive damages and special costs in circumstances where the Plaintiff should have known that such damages were not warranted. The Court found that seeking punitive damages in this way was “an economic threat” which may “serve to silence critics.”
KAREN ZIMMER – Mondaq – April 21, 2016.
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