Is hardship a factor in determining a plaintiff's claim for a reduction in costs?

Yukon, Canada


The following excerpt is from H. v. H., 2003 YKSC 51 (CanLII):

Also, I would, in terms of what facts are to be considered in this case, give some weight to the case of Mack v. Taks, [2003] B.C.J. No. 1709, with respect to hardship. Although I do find it to be a factor, I do not find it, as stated in the judgment of McEwan J., quoting from Madam Justice Prowse: ...financial hardship in itself is not a sound basis for departing from the usual rule with respect to costs. That it is not, in this case, a sound basis. I find that it is a factor to be considered, and I do not go so far as to say that it cannot be a sound basis. I have, therefore, given some consideration to it, not as a basis, but only as a factor.

Other Questions


What is the legal test for determining whether a plaintiff has met the proper legal test? (Yukon, Canada)
Is a plaintiff entitled to full indemnity and special costs as indemnity? (Yukon, Canada)
What is the "needs and means" factor in determining a property settlement? (Yukon, Canada)
How have the courts interpreted the concept of conspiracy in a claim of wrongful dismissal? (Yukon, Canada)
What is the test for consideration of past consideration in a claim for damages? (Yukon, Canada)
How has custody of a child been determined in a separation case? (Yukon, Canada)
What are the costs of a personal injury action? (Yukon, Canada)
How have the courts interpreted the principle of "reasonable diligence" in assessing the facts of a claim? (Yukon, Canada)
Is a husband who has failed to fully disclose his income and business income a subject to a special costs order? (Yukon, Canada)
How is access determined in the best interests of the child? (Yukon, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.