What is the test for an award of costs after a trial?

British Columbia, Canada

The following excerpt is from Roach v. Dutra, 2009 BCSC 693 (CanLII):

In Fotheringham v. Fotheringham, Bouck J. at para. 46, set out a four step inquiry for an award of costs after a trial: 1. First, by focusing on the "matters in dispute" at the trial. These may or may not include "issues" explicitly mentioned in the pleadings. 2. Second, by assessing the weight or importance of those "matters" to the parties. 3. Third, by doing a global determination with respect to all the matters in dispute and determining which party "substantially succeeded," overall and therefore won the event. 4. Fourth, where one party "substantially succeeded," a consideration of whether there are reasons to "otherwise order" that the winning party be deprived of his or her costs and each side then bear their own costs.

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