What is the legal test used to determine whether a party has to pay a third party's costs?

Nova Scotia, Canada


The following excerpt is from Casey v. Grove, 2005 NSSC 312 (CanLII):

Taking into consideration all of the facts and circumstances surrounding this proceeding, the length of the hearing, the late filing of the information, and applying the philosophy of party and party cost as set out by Justice Goodfellow in French v. French [ 1994 CanLII 4252 (NS SC), 1994] N.S.J. No. 502 at paragraph 7 Costs as between party and party are not imposed as a punishment on the person that must pay them. Party and party costs are given at the discretion of the court as a partial indemnity of the person entitled to them.

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