Can successful defendants recover costs if jointly represented?

British Columbia, Canada


The following excerpt is from Pang v Zhang, 2021 BCSC 1435 (CanLII):

In Antrobus v. Antrobus, 2012 BCSC 613, the judge was invited to apply St. George to find that successful defendants should not recover their costs if jointly represented. The judge declined, distinguishing St. George as standing for the proposition that where the inclusion of the successful defendant does not add any additional expense, no costs are warranted: at para. 22. The judge found that counsel had spent a single day's worth of submissions on behalf of the successful defendant, and awarded costs for a single day (of the eight-day trial), set-off against the costs awarded to the plaintiff. [underlining added]

Other Questions


What is the legal test for a successful party to recover costs from the successful party? (British Columbia, Canada)
What is the test for a defendant to seek costs for an application for costs after an offer to settle was made? (British Columbia, Canada)
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
When a joint custody arrangement is in place and the 40% line has been crossed, is the joint parent required to contribute towards child care costs under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
Does the Court have jurisdiction to award costs for substantial success based on substantial success? (British Columbia, Canada)
Does Rule 37(31) bar joint defendants from making joint offers to settle? (British Columbia, Canada)
Can a defendant in a separate action with the same plaintiff receive costs from 7 days after making a joint payment into court of a similar amount? (British Columbia, Canada)
Is a defendant entitled to a 65% share of the joint net worth as a result of his disproportionate contribution to the parties jointly net worth? (British Columbia, Canada)
What is the definition of “substantial success” in the context of success for costs purposes? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.