What is the test for apportioning costs between success and success in a personal injury case?

Newfoundland and Labrador, Canada


The following excerpt is from Coast to Coast Contractors Inc. v Millbrook Development Company Inc., 2017 NLCA 47 (CanLII):

Case law invariably confirms that costs awards are discretionary and should only be interfered with if the trial judge made an error in principle or was clearly wrong. Apportioning costs according to success is not a requirement. The trial judge indicated that she did consider the level of success as well as the issues that had to be decided in the case. She then exercised her discretion. The costs award should not be disturbed on the basis that the trial judge did not apportion costs. (See Hiscott v. Hall, 2015 NLCA 1, 361 Nfld. & P.E.I.R. 141).

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