What is the test for awarding double costs in a personal injury case?

British Columbia, Canada


The following excerpt is from Gain v. Gain, 2011 BCSC 621 (CanLII):

The guiding principles to be considered in awarding double costs have been recently discussed in Hartshorne v. Hartshorne, 2011 BCCA 29. The rationale for the rules discussed at para. 25 emphasizes that an award of double costs is a “punitive measure against a litigant for that party’s failure, in all of the circumstances, to have accepted an offer to settle that should have been accepted”.

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