What is the test for apportioning costs between parties pursuant to section 3 of the Negligence Act?
British Columbia, Canada
The following excerpt is from Marcjan v. Ma, 1998 CanLII 6582 (BC SC):
In Rawsthorne v. Lemish (1993), 81 B.C.L.R. (2d) 105, (S.C.B.C.) Mr. Justice Scarth provided a helpful analysis of the law in circumstances where the issue was whether costs should be apportioned equally between the parties pursuant to s. 3 of the Negligence Act R.S.B.C. 1996 c. 333.
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