How have courts in BC used Rule 57(15) of the Rules of Civil Procedure to apportion costs between parties?
British Columbia, Canada
The following excerpt is from First National Properties Ltd. v. Northland Road Services Ltd., 2008 BCSC 894 (CanLII):
Hood J. in Chan v. Lee Estate, 2006 BCSC 155, summarized the use of Rule 57(15) at ¶24: The cases show that Rule 57(15) was not designed to allow for a minute dissection of the success or failure of litigants on the completion of a trial. The issues must be discrete and occupy a distinct portion of time in the life of a trial, upon which an objective observer could say one or other of the parties was successful as a result. Apportionment of costs should not be a regular feature of litigation, but should be confined to relatively rare cases which are exceptions to the general rule that costs follow the event.
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