Does a plaintiff have to pay costs for a third party?
British Columbia, Canada
The following excerpt is from Wilson v. Ina Insurance Co. of Canada, 1998 CanLII 6475 (BC CA):
The usual rule with respect to an award of costs after trial is that a successful third party is entitled to its costs against the defendant who issued the third party notice and a plaintiff, even if unsuccessful against the defendant, will not be liable to pay the costs of the third party directly. Exceptions to the usual rule are set out in Milina v. Bartsch, supra.
What the trial judge had to consider, on the peculiar facts of this case, was whether fairness required that the unsuccessful plaintiff bear the costs of the third parties. He made that determination by reference to the exceptions set out in Milina v. Bartsch, supra.
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