Can a plaintiff in a personal injury case avoid the general rule that costs follow the event?
British Columbia, Canada
The following excerpt is from Biggs v. Doe, 2015 BCSC 1495 (CanLII):
The discretion to depart from the general rule must be exercised judicially on a principled basis, and must be connected to the conduct of a party to the litigation in relation to the case or leading up to the litigation. Financial and personal circumstances, standing alone, are insufficient to overcome the general rule that costs follow the event: see Morris v. Doe, 2011 BCSC 1053.
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