What is the test for awarding costs to the successful party in a personal injury action?

British Columbia, Canada


The following excerpt is from Rec Holdings Co. Ltd. v. Thorne, 1998 CanLII 6774 (BC SC):

7. This rule gives the trial judge a discretion to depart from the general principle that costs go to the successful party. However, this discretion is not absolute: it must still be exercised judicially and be based upon generally recognized criteria such as admissions of liability, relationship between offers to settle and the award, relation of amount recovered to amount claimed, reasonableness of raising particular issues, whether a discernable issue was decided against the plaintiff, whether the litigation was of a major commercial nature and which party could really be said to have succeeded. (Rooney v. Chan (1992), 76 B.C.L.R. (2d) 186 (B.C.S.C.) at 189)

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