Is a husband entitled to costs in a personal injury action against his wife?
British Columbia, Canada
The following excerpt is from Vanderwal v. Vanderwal, 2001 BCSC 613 (CanLII):
I conclude, on a consideration of all of the factors enumerated in Gold v. Gold (1993) 1993) B.C.J. 1792 (B.C.C.A.), that this is not an appropriate case in which to award the husband costs. I am persuaded that there has been some measure of success on the wife’s part which cannot be ignored. More importantly, I believe that if an award of costs made against her, it would significantly compromise her ability to establish a secure future for herself. She is an older, vulnerable woman. The balance which has been achieved by the final award ought not to now be disturbed by an award of costs against her.
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