What is the test for awarding costs at a personal injury trial?

British Columbia, Canada


The following excerpt is from Beese v. Beese, 2006 BCSC 1912 (CanLII):

In Fotheringham v. Fotheringham, 2001 BCSC 1321, the court suggested the following four part inquiry when awarding costs: 1. Focus on the matters in dispute at the trial, which may or may not include issues explicitly mentioned in the pleadings. 2. Assess the weight or importance of those matters to the parties. 3. Determine globally all the matters in dispute and determine which party substantially succeeded overall and won the event. 4. Where one party substantially succeeded consider whether there are reasons to otherwise order the winning party be deprived of his or her costs and have each side bear his or her own costs.

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