How have courts dealt with costs issues in personal injury litigation?
British Columbia, Canada
The following excerpt is from Sartori v. Gates, 2011 BCSC 419 (CanLII):
The notion of “like cases … decided in like ways”, is one of those legal precepts beguiling in their simplicity, but complex in their application. Counsel have referred to 11 reports of previous dispositions on costs issues. Several of them are “like” the present case in that they involve cost disputes arising out of personal injury litigation. Some are unlike in that they deal with awards falling short of an offer. I find none of the previous dispositions dispositive of this case. Although I find a number of similarities between this case and Fan v. Chana.[5]
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