What is the test for Rule 57(15) of the BC Court of Appeal to order costs to be incurred in a personal injury action?
British Columbia, Canada
The following excerpt is from Poirier v. Wal-Mart Canada Corp., 2007 BCSC 66 (CanLII):
Rule 57(15) operates as an exception to the primary rule that costs follow the event. In order for the rule to apply, the court must be satisfied that there are “…discreet [sic] issues, occupying distinct portions of time in the life of a trial and involving discreet [sic] questions of law or fact, upon which an objective observer could say one or another of the parties was successful in the result”: Sutherland v. Canada (Attorney General), 2005 BCSC 479, at ¶14.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In what circumstances will the Court of Appeal order an increase in costs for a plaintiff in a personal injury case? (British Columbia, Canada)
When will the court order an order of costs in a personal injury case? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In a personal injury case, in what circumstances will the court order that common sense be considered as a factor in determining future care costs? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
In a personal injury action, is cost of future care a consideration in damages for future care costs? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
In what circumstances will the court order disclosure of a solicitor's file in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
