What is the test for apportionment of costs under Rule 57(15)?
British Columbia, Canada
The following excerpt is from Movassaghi v. Steels Industrial Products Ltd., 2013 BCSC 2040 (CanLII):
The leading case on apportionment of costs remains Sutherland v. Attorney General of Canada, 2008 BCCA 27. The court set out the test for apportionment under the former rule at para. 31: The test for the apportionment of costs under Rule 57(15) can be set out as follows: (1) the party seeking apportionment must establish that there are separate and discrete issues upon which the ultimately unsuccessful party succeeded at trial; (2) there must be a basis on which the trial judge can identify the time attributable to the trial of these separate issues; (3) it must be shown that apportionment would effect a just result.
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