What is the legal test for awarding full indemnity costs in a personal injury matter?
British Columbia, Canada
The following excerpt is from Tanious v. The Empire Life Insurance Company, 2019 BCCA 329 (CanLII):
Rule 14-1 recognizes two categories of costs under the statutory costs regime in British Columbia: party and party costs and special costs, previously known as solicitor-client costs. In awarding costs, a judge must stay within the statutory framework and may not impose any other form of costs sanction: Gichuru v. Smith, 2014 BCCA 414 at paras. 84, 89, 98, 102, leave to appeal ref’d [2014] S.C.C.A. No. 547. The Rules do not provide for “full indemnity costs”.
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