What is the test for awarding costs pursuant to Rule 57 of the BCSC?

British Columbia, Canada


The following excerpt is from Leaf v Langley (Township), 2018 BCSC 2265 (CanLII):

In Fotheringham v. Fotheringham, 2001 BCSC 1321 [Fotheringham], Bouck J. articulated the four‑part inquiry to be used when awarding costs pursuant to the then Rule 57 at para. 46 as follows: 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. 4. Fourth, where one party “substantially succeeded,” a consideration of whether there are reasons to “otherwise order” that the winning party be deprived of his or her costs and each side then bear their own costs.

Other Questions


Is there a limit on the general cost of a general cost award? (British Columbia, Canada)
What is the case law in favour of awarding an award under the head of an award for gross negligence? (British Columbia, Canada)
Does the BCSC have discretion to award costs to unsuccessful parties? (British Columbia, Canada)
Can an offeror be awarded costs or double costs from the date of the offer? (British Columbia, Canada)
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
What are the implications of the BCSC’s Costs provisions in the context of litigation costs? (British Columbia, Canada)
If a plaintiff has not used an item of service in the past, is it appropriate to include that cost in the future cost award? (British Columbia, Canada)
What are the special costs awarded by the BCSC against a party who pursues a meritless claim? (British Columbia, Canada)
In what circumstances will a judge award a special costs award for an unsuccessful claim? (British Columbia, Canada)
How does the BCSC apply to an award for costs of future care? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.