What is the test for bringing an issue of public importance to the courts in a personal injury action?

Bringing an issue of public importance to the courts however, will not automatically entitle a litigant to preferred treatment with respect to costs (see Odhavji Estate v. Woodhouse, 2003 SCC 69). A court must remember that the onus is on the unsuccessful party to explain why a court should depart from the ordinary rule that costs be awarded to the successful party. Absent special factors, the determination of which may be informed by well-recognized “background principles” and court rules, the ordinary rule, with its traditional purpose, will apply.