What are the costs of a common law action?

Saskatchewan, Canada


The following excerpt is from Perry v. C.P.R., 1922 CanLII 199 (SK CA):

In Follis v. Schaake Machine Works (1908) 13 B.C.R. 471, 8 W.L.R. 14, Martin, J., after pointing out that the defendant was entitled to the costs of the abortive common-law action, said: Then the plaintiff is entitled to such costs as would have been occasioned by proceedings brought in the ordinary way under the Workmen’s Compensation Act, which will be set off against or deducted from those of the defendant, and the balance, which presumably in this case will be in favour of the defendant, will be deducted from the plaintiff’s compensation and the necessary certificate given.

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