In what circumstances will a plaintiff receive his full costs in a personal injury action?

Prince Edward Island, Canada


The following excerpt is from Canada (Attorney General) v. Clorey, 1997 CanLII 4637 (PE SCTD):

In Rooney v. Chan (1992), 76 B.C.L.R. (2d) 186 (B.C.S.C.), supra, the plaintiff received his full costs. While the plaintiff was unsuccessful insofar as quantification of damages was concerned, the award granted did exceed the defendant's last pre-trial offer of settlement and liability and damages remained an issue throughout. Justice Boyd found that the plaintiff did not exaggerate his symptoms nor was his credibility in any way wanting. She concluded the plaintiff had advanced a difficult but legitimate claim in damages, and, in the face of denial of liability, had succeeded, although on a smaller scale than originally claimed. She therefore applied the normal rule and awarded the plaintiff his full costs.

Other Questions


In what circumstances will a court order security for costs in a personal injury action? (Prince Edward Island, Canada)
What is the quantum of costs awarded in a personal injury action? (Prince Edward Island, Canada)
What is the test for calculating solicitor's costs in a personal injury action? (Prince Edward Island, Canada)
In what circumstances will time consumption and cost considerations be considered in a personal injury case? (Prince Edward Island, Canada)
In support of the respondent's position in a personal injury case, in what circumstances will the respondent be required to return the property to the original owner? (Prince Edward Island, Canada)
How have courts dealt with costs in personal injury cases? (Prince Edward Island, Canada)
What is sufficient assets for a corporation to be enforceable in a personal injury action? (Prince Edward Island, Canada)
In what circumstances will a plaintiff be able to justify his past life? (Prince Edward Island, Canada)
Is a person’s choice of where to establish a home a personal matter? (Prince Edward Island, Canada)
What is the standard for assessing a person’s risk of injury in a motor vehicle accident? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.