What is the test for apportioning costs between a plaintiff and defendant in a personal injury case?

British Columbia, Canada


The following excerpt is from O'Ruairc v. Pelletier et al, 2005 BCSC 1001 (CanLII):

As noted by Meiklem J. in Pangli v. Mutual Fire Insurance Co. of British Columbia, [1995] B.C.J. No. 894, the authorities are reasonably consistent in “rejecting comparisons of the amount of the final award to the claims or the positions taken by defendants as a measurement of relative success on particular issues for the purposes of apportionment of costs”.

Other Questions


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)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
How are costs apportioned between defendants and plaintiff in a motor vehicle accident 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)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
What is the test for apportioning costs and disbursements in a personal injury case? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
What is the test for determining future care costs of a plaintiff in a personal injury case? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What is the test for calculating damages for personal injury in a personal injury case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.