What is the legal test for assessing a party's costs when the defence has been withdrawn or discontinued?

British Columbia, Canada


The following excerpt is from Vedan v. Stevens and Zabotel, 2008 BCSC 934 (CanLII):

Rule 36(4) permits a party against whom there is a claim, which is discontinued, or a defence withdrawn, to assess their costs. It is not discretionary. (Scuccato v. Almazan, 2007 BCSC 1314).

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