Freeman v. SFU & Black

Freeman v. SFU & Black

Plaintiff was substantially successful on the Rule 18A summary judgment and suffered delay and inconvenience caused by defendants' conduct, but that conduct was not sufficiently 'reprehensible' to justify special costs; instead the court awards increased costs to avoid an unjust result, set at 60% of special costs...

Source-derived case information.

Citation
2001 BCSC 787
Parties
Plaintiff: Richard Jay Freeman; Defendant: Simon Fraser University; Defendant: Alan G. Black
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 June 2001
Procedural Posture
Civil (insurance/contract) Rule 18 a Summary Judgment / Post Summary Judgment Costs Application
Outcome
Application for special costs dismissed; increased costs awarded against Simon Fraser University equal to 60% of special costs up to and including the summary trial, to be assessed by the Registrar; plaintiff granted costs of this application on Scale 3.
Legal Topics
Summary Judgment, Special Costs (solicitor Client), Increased Costs, Costs Apportionment, Disclosure
Source Language
english
Civil Procedure Insurance Law Employment Law Costs Summary Judgment Special Costs (solicitor Client) Increased Costs Costs Apportionment +1 more

Source-derived case record

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Parties

Richard Jay Freeman

Plaintiff

Simon Fraser University

Defendant

Alan G. Black

Defendant

Procedural Posture

Civil (insurance/contract) Rule 18 a Summary Judgment / Post Summary Judgment Costs Application

Legal Issues

  1. 1 Whether plaintiff entitled to special (solicitor-client) costs for defendants' conduct
  2. 2 Whether defendants' conduct was 'reprehensible' or 'scandalous, outrageous or reprehensible'
  3. 3 Whether increased costs should be awarded to avoid an unjust result

Ratio Decidendi

Plaintiff was substantially successful on the Rule 18A summary judgment and suffered delay and inconvenience caused by defendants' conduct, but that conduct was not sufficiently 'reprehensible' to justify special costs; instead the court awards increased costs to avoid an unjust result, set at 60% of special costs up to and including the summary trial, assessed by the Registrar in the usual manner and excluding costs solely related to unresolved issues; contingency fee arrangements are not the basis for the assessment.

Court Disposition

Application for special costs dismissed; increased costs awarded against Simon Fraser University equal to 60% of special costs up to and including the summary trial, to be assessed by the Registrar; plaintiff granted costs of this application on Scale 3.

Orders

  • Special costs not awarded.
  • Increased costs awarded against Simon Fraser University equal to 60% of special costs up to and including the summary trial and in relation to matters resolved by the Rule 18A orders.