What is the test for apportioning costs between parties?
British Columbia, Canada
The following excerpt is from West Lonsdale Medical Clinic Inc. v 0706394 B.C. Ltd., 2020 BCSC 170 (CanLII):
The court has broad discretion to apportion costs between parties with respect to particular issues. The test for apportionment of costs between parties is: a) the party seeking apportionment must establish that there are separate and discrete issues upon which the ultimately unsuccessful party succeeded at trial; b) there must be a basis on which the trial judge can identify the time attributable to the trial of these separate issues; and c) it must be shown that apportionment would effect a just result: Sutherland v. Canada (Attorney General), 2008 BCCA 27 at para. 31.
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