What is the test for apportioning costs under Rule 57?

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