What is the relevant factor when assessing costs in a medical malpractice case?

British Columbia, Canada


The following excerpt is from Warren v. Morgan, 2015 BCSC 1168 (CanLII):

The defendants submit that one relevant factor is whether or not the result in a case was one that turned, in part, on credibility as opposed to difficult questions of causation: Ward at para. 44. I agree this factor weighs in the defendants’ favour because of my findings at trial on the credibility of the plaintiff related to her testimony and the self-reporting on which the experts relied. The defendants further submit that lack of candour, dishonesty or exaggeration have been considered relevant factors in assessing costs: Lakhani v. Elliott, 2010 BCSC 281 at para. 20. However, they do not point to any specific evidence to warrant such a finding.

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