What is the test for determining whether a party has incurred costs or disbursements?
British Columbia, Canada
The following excerpt is from Huff v. Price, 1993 CanLII 893 (BC CA):
22 Having regard to the cases which I have referred and which were discussed by Mr. Justice Murray in Wenden v. Trikha, it is my opinion that the question of whether the liability for costs or disbursements was incurred is an entirely separate question from whether the liability has been discharged gratuitously or otherwise by another party. It is only if there has been no liability incurred that the principle that formed the basis of the decision in Qureshi v. Nickerson, becomes applicable.
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