What is the test for a successful party to claim costs in a personal injury action?

Pursuant to Rule 14-1(9), costs in a proceeding must be awarded to the successful party unless the court otherwise orders. However, the fact that a party has been successful at trial does not necessarily mean that the trial judge must award costs in its favour, since the rule empowers the court to otherwise order. Thus, Rule 14-1(9) continues to confirm the residual discretion of the court to deny, on a principled basis, a successful party the costs to which it would otherwise be entitled: see LeClair v. Mibrella Inc., 2011 BCSC 533, at para. 9. Where the successful party has engaged in misconduct, the outcome of the litigation is irrelevant, and the court has the power to deprive the successful party of costs.

Reasons that can justify an order for special costs against an unsuccessful party can also justify an order that a successful party be deprived of some or all of its costs: see Gichuru v. Smith, 2013 BCSC 1818 at para. 11.