What is the default position of the court on a settlement of a personal injury claim?
British Columbia, Canada
The following excerpt is from Lim v Zhu, 2019 BCSC 88 (CanLII):
Where matters are settled, the court has not declared a “winner” or a “loser”. For that reason, the court is placed in a difficult position when asked to award costs to one side or the other. In such cases, the court should be very slow to make an award of costs against either party to a settlement: see Talbot v. Talbot, 2016 ONSC 1351 per Templeton J. The default position on a settlement would be an order that there be no costs.
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