What is the test for apportioning costs under Rule 57(15)?

British Columbia, Canada

The following excerpt is from BC Ferry & Marine Workers' Union v. WCB, 2009 BCSC 54 (CanLII):

Speaking for the court in Sutherland v. Attorney General of Canada, Chief Justice Finch said this at paragraph 30: …the discretion of trial judges under Rule 57(15) is very broad, and must be exercised judicially, not arbitrarily or capriciously. There must be circumstances connected with the case which render it manifestly fair and just to apportion costs.

Other Questions

Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
Is there any case law where an unsuccessful applicant for Rule 18A application for a summary judgment or cost of costs? (British Columbia, Canada)
What is the test for apportioning costs? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
How have courts in BC used Rule 57(15) of the Rules of Civil Procedure to apportion costs between parties? (British Columbia, Canada)
What is the current test for apportioning costs under Rule 57(15)? (British Columbia, Canada)
What is the test for apportioning costs between a plaintiff and defendant in a personal injury case? (British Columbia, Canada)
If a plaintiff has not used an item of service in the past, is it appropriate to include that cost in the future cost award? (British Columbia, Canada)
Is a new scale of costs under which costs are taxed retrospective or retrospective? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.