How have costs been apportioned at trial?
British Columbia, Canada
The following excerpt is from Davies v Canada Shineray Suppliers Group Inc., 2017 BCSC 1729 (CanLII):
The plaintiff pointed out that the issue on which she did not succeed did not take up much time at trial. That is true, as the enforceability of the termination clause was a question of law addressed primarily in submissions. However, little turns on this because the defendant did not seek any apportionment of costs under Rule 14-1(15), nor would I have considered such an order to be appropriate here. Apportionment of costs is to be confined to relatively rare cases: see Loft v. Nat, 2015 BCCA 418 at para. 25.
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