When will the court order an order for costs that follow the event?
British Columbia, Canada
The following excerpt is from B.K.A. v. D.M.A., 2011 BCSC 17 (CanLII):
While financial hardship is a factor for the court to consider, it is insufficient on its own for a departure from the usual rule that costs follow the event: S.D.W. v. C.E.W.W., 2006 BCSC 162, citing Richter v. Richter (2004), 6 C.P.C. (6th) 181, 2004 BCSC 214. The defendant bears the onus of showing why the court should depart from the usual rule that costs follow the event. In light of the defendant’s earning capacity, and the evidence concerning her savings, I am not persuaded that this is a case where an order for costs within the range of the claim here would cause the defendant unusual hardship.
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