In what circumstances will a court award a plaintiff’s costs for a gross-up claim?
British Columbia, Canada
The following excerpt is from Schubert v. Knorr and Jones, 2009 BCSC 14 (CanLII):
In these remarks, Mr. Justice Vickers referred to Waterhouse v. Fedor, [1986] B.C.J. No. 1427, a medical malpractice action in which Mr. Justice Legg found liability against the defendant and assessed the plaintiff’s damages. In Waterhouse v. Fedor, [1987] B.C.J. No. 1033, Mr. Justice Legg considered the plaintiff’s costs for a “gross-up” claim and its corresponding disbursements for which the plaintiff was unsuccessful. He considered the then Rule 57(8), now Rule 57(15) of the Rules: Costs of part of proceeding (8) The court may award costs which relate to some particular issue or part of the proceeding or may award costs except so far as they relate to some particular issue or part of the proceeding.
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