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.
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