What factors will a court consider in determining costs under s. 3(1) of the BC Statutory Rules of Civil Procedure and Procedure?

British Columbia, Canada


The following excerpt is from Erikson v. Asmussen, 2009 BCSC 951 (CanLII):

In Logeman v. Rossa, 2006 BCSC 692, at para. 75, Madam Justice Sinclair Prowse identified the following factors relating to the nature and conduct of the litigation which a court may consider in the exercise of its discretion under s. 3(1): ... For example, the Courts have looked at whether the plaintiff was forced to go to trial in order to obtain recovery; the costs of getting to trial, as well as the difficulty and length of the trial; whether, if costs are apportioned according to liability, the costs recovery available to the plaintiff will bear any reasonable relationship to his/her costs in obtaining the results achieved; the positions taken by the parties at trial, in particular whether the positions taken were appropriate and reasonable in the circumstances; whether the defendant made any settlement offers; and the ultimate results of the trial, asking whether the plaintiff achieved substantial success that would effectively be defeated if the costs were awarded pursuant to s. 3.

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