What is the test for apportioning costs under Rule 57?

British Columbia, Canada


The following excerpt is from Hunter v. Chandler, 2010 BCSC 1124 (CanLII):

The test to be applied was set out by Chief Justice Finch, speaking for the court, in Sutherland v. Canada (Attorney General), 2008 BCCA 27 at para. 31, as follows: The test for the apportionment of costs under Rule 57(15) can be set out as follows: (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. Rule 37B

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