Is financial hardship a factor in determining the appropriate order for costs in a personal injury case?

British Columbia, Canada


The following excerpt is from Briante v. Vancouver Island Health Authority, 2015 BCSC 807 (CanLII):

Nevertheless, financial hardship is a factor which may be taken into account in fashioning the appropriate order for costs and, in conjunction with other factors, may, in an appropriate case, justify departure from the usual rule that costs follow the event. Hardship from a costs award does not arise merely because an unsuccessful litigant earns but limited income or owns only modest assets: Sandhu v. Sandhu, 2011 BCSC 853.

Rather, in this context, the question is whether an award of costs would create such a hardship for an unsuccessful litigant that it would impact that litigant's general financial security and well-being: Petroczi v. Petroczi, 2011 BCSC 1223 at para. 38.

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