What is the test for a successful party to claim costs in a personal injury case?
Ontario, Canada
The following excerpt is from Sacks v Ross, 2016 ONSC 2498 (CanLII):
In Yelda v. Vu, 2013 ONSC 5903 (CanLII), the court stated, at para. 11: The default rule, however, in resolving costs issues is that the successful party is entitled to its costs. The principle that costs follow the event should only be departed from for very good reasons such as misconduct of the party, miscarriage in procedure, or oppressive or vexatious conduct of proceedings.
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