What is the test for determining trial costs under R. 57(15)?
British Columbia, Canada
The following excerpt is from Gould v. Royal Trust Corporation of Canada, 2010 BCCA 512 (CanLII):
In deciding trial costs were properly dealt with under R. 57(15), the trial judge followed the three-step test from Sutherland v. Canada (Attorney General), 2008 BCCA 27, 77 B.C.L.R. (4th) 142 at para. 31: (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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