What is the test for making an order under Rule 57(1) not to award costs to an otherwise successful litigant?

British Columbia, Canada


The following excerpt is from K.A.M. v. M.M., 2005 BCSC 887 (CanLII):

The basis upon which an order may be made under Rule 57(1) applying the exercise of judicial discretion to not award costs to an otherwise successful litigant was discussed in Gold v. Gold (supra) at paragraph 20.

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