What is the test for an application for ordinary costs in a personal injury case?
British Columbia, Canada
The following excerpt is from Young v. Young, 2009 BCSC 1529 (CanLII):
In respect of the plaintiff’s application for ordinary costs, I am unable to conclude that she enjoyed substantial success at the trial. It is well-settled that substantial success is determined by measuring the trial outcome with the parties’ position at trial. In Vazzaz v. Vazzaz, 2006 BCSC 1146, 59 B.C.L.R. (4th) 285 at paras. 33-35, Myers J. provided a useful synopsis of the applicable law as follows:
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