What factors will the court consider when deciding whether to grant costs to a party seeking damages under the Negligence Act?

British Columbia, Canada


The following excerpt is from Kimber v. Wong, 2014 BCSC 2446 (CanLII):

In Moses v. Kim, 2007 BCSC 1820, Gray J. summarized the factors for the court's consideration in exercising its discretion where a party seeks costs on a basis other than that provided in s. 3(1) of the Negligence Act:

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