In what circumstances will a judge order special costs in a personal injury case?

British Columbia, Canada


The following excerpt is from Bronson v. Hewitt, 2011 BCSC 102 (CanLII):

In most cases it is not appropriate for a trial judge to summarily determine special costs. The judge simply does not have sufficient reference points to determine whether those costs are reasonable. Some of the difficulties were highlighted by Kirkpatrick J. (as she then was) in Canadian National Railway Company v. A.B.C. Recycling Ltd., 2005 BCSC 1559 at paras. 28-29:

Other Questions


In what circumstances will a judge grant special costs in a personal injury case where she found that relevant records were not disclosed at a very early stage of the litigation? (British Columbia, Canada)
What are the circumstances in which special costs can be ordered in a personal injury case? (British Columbia, Canada)
Can a judge set aside an order of the judge ordering that damages be awarded in a personal injury case? (British Columbia, Canada)
What are the circumstances in which special costs can be ordered in personal injury cases? (British Columbia, Canada)
In what circumstances have special costs been awarded in personal injury cases? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In what circumstances will a learned trial judge dispose of costs in a personal injury case? (British Columbia, Canada)
In what circumstances will the Court of Appeal order an increase in costs for a plaintiff in a personal injury case? (British Columbia, Canada)
In a personal injury case, in what circumstances will the court order that common sense be considered as a factor in determining future care costs? (British Columbia, Canada)
Can a court order special costs in a personal injury case? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.