What is the test for paying both bills in a personal injury action?
British Columbia, Canada
The following excerpt is from Haynes v. Fontaine, 1980 CanLII 547 (BC SC):
If no agreement can be reached, both bills should be taxed before the registrar with certain of the plaintiff's items being doubled. The plaintiff must pay 40 per cent of the defendant's costs and the defendant must pay 60 per cent of the plaintiff's costs. There will be a set-off and an allocatur will issue for the balance which is due to one or the other. In this 1 follow Bell v. Hinksman, 1948 CanLII 454 (BC SC), [1948] 1 W.W.R. 166 (B.C.S.C). Order accordingly.
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