Is a plaintiff entitled to 85% of his costs without a set-off?
British Columbia, Canada
The following excerpt is from Turner v. Insurance Corporation of British Columbia, 1982 CanLII 280 (BC SC):
It may not be unreasonable that a litigant who has been awarded 85% of his damages should also be entitled to 85% of his costs without a set-off. But I am unable to conclude that the provisions of s. 37(3) of the Interpretation Act have affected the decision in Lutes v. Leonard. The plaintiffs application is therefore dismissed. The defendant is entitled to its costs. Order accordingly.
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