What is the test for determining whether or not a successful party should be denied costs in a personal injury case?
British Columbia, Canada
The following excerpt is from Parker v. Thompson, 2014 BCSC 2180 (CanLII):
A decision to award or deny costs to a successful party is a matter that requires the exercise of a trial judge's discretion. In Morris v. Doe, 2011 BCSC 1053, Madam Justice Ker held at para. 31 that: • unless special circumstances can be established that would warrant depriving the successful party of an award of costs following trial, the successful party should receive their costs…; • a judge ought not to exercise their discretion against a successful party except for some reason connected with the case or leading up to the litigation….
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