What is the test for determining whether to award costs at a personal injury trial?
British Columbia, Canada
The following excerpt is from Vigeant v. Vigeant, 2016 BCSC 305 (CanLII):
In Fotheringham v. Fotheringham, 2001 BCSC 1321 at para. 46, Mr. Justice Bouck set out a four-step inquiry for deciding whether to award or not award costs. The first three considerations are: 1. First, by focusing on the "matters in dispute" at the trial. These may or may not include "issues" explicitly mentioned in the pleadings. 2. Second, by assessing the weight or importance of those "matters" to the parties. 3. Third, by doing a global determination with respect to all the matters in dispute and determining which party "substantially succeeded," overall and therefore won the event.
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