What is the test for apportioning costs?

British Columbia, Canada


The following excerpt is from Henderson v. Bakken, 2010 BCSC 1057 (CanLII):

Where there is a division of success, the Courts can apportion costs pursuant to Rule 57(15). This requires that the party have success on a separate and discrete issue, that there be an assessment of the time spent of the issue, and that the resulting apportionment produce a just result: Sutherland v. Canada (Attorney General), 2008 BCCA 27, 77 B.C.L.R. (4th) 142 at para. 31.

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