What is the test for calculating costs in a personal injury action?
British Columbia, Canada
The following excerpt is from Cooper v. Spectra Food Corporation, 1999 CanLII 6092 (BC SC):
The defendant relies on the decision of Romilly J. handed down three months earlier in Tabrizi v. Whallon Machine Inc. (1996), 4 C.P.C. (4th) 72 (B.C.S.C.) which reviewed the factors to be considered by the court in exercising its discretion to make an award of costs which does not accord with the outcome on liability, and emphasized that the most important factor is whether or not an injustice will result.
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