Can successful applicants in a case of the same kind be awarded costs in any event of the cause?
British Columbia, Canada
The following excerpt is from Wilson v. Brown, 2010 BCSC 249 (CanLII):
Counsel for the plaintiff referred me to two cases in which successful applicants in cases of this kind were awarded costs in any event of the cause. Those cases were Burgess v. Burgess [1997] B.C.J. No. 2536 (Saunders J.) and Skjerpen v. Johnson 2007 BCSC 1290 (D.M. Smith J.). I would note that in the Burgess case, there appears to be an error at para. 15 in that “respondent” should be “applicant”.
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