What is the test for an award of costs in a civil matter?
British Columbia, Canada
The following excerpt is from Patrick et al. v. Telus Communications Inc., 2005 BCSC 1556 (CanLII):
I do not consider an award of costs in these circumstances to be akin to an award of prospective or interim costs as those notions are used in cases such as British Columbia (Minister of Forests) or Turner v. Andrews, [2001] B.C.J. No. 210. The applicants are not seeking costs in relation to that portion of the litigation yet to be heard. Rather, they are seeking to be reimbursed for costs incurred in relation to a portion of the litigation which has been completed.
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