What is the test for apportioning costs and disbursements in a personal injury case?

British Columbia, Canada


The following excerpt is from Baiden v. Argent, 2009 BCSC 1708 (CanLII):

On the basis of Fan, supra, the plaintiff submits that the defendants’ submission that the plaintiff should be disentitled to the costs and disbursements relating to the examinations for discovery of the police officers is entirely without merit. The plaintiff has recognized that although the court has exercised its discretion and apportioned such costs before (Ward v. City of Vancouver, 2007 BCSC 189) it still submits that that case is still distinguishable and that there is no principle basis for apportioning costs in this case.

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