What is the test used to determine whether to award costs to the successful party?

British Columbia, Canada


The following excerpt is from MacNutt v. MacNutt, 2013 BCSC 1159 (CanLII):

In Aschenbrenner, Metzger J. in determining whether to award costs to the successful party, applied the four part test stated by Bouck J. in Fotheringham v. Fotheringham, 2001 BCSC 1321 at para. 46: 1. First, by focusing on the "matters in dispute" at trial. These may or may not include "issues" explicitly mentioned in the pleadings. 2. Second, by assessing the weight or importance of those "matters" to the parties. 3. Third, by doing a global determination with respect to all the matters in dispute and determining which party "substantially succeeded," overall and therefore won the event. 4. Fourth, where one party "substantially succeeded," a consideration of whether there are reasons to "otherwise order" that the winning party be deprived of his or her costs and each side then bear their own costs. …

Other Questions


Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for “substantial success” in determining whether either party had a good chance of success in their claim? (British Columbia, Canada)
What is the legal test for a successful party to recover costs from the successful party? (British Columbia, Canada)
What is the test for determining whether or not a successful party should be denied costs in a personal injury case? (British Columbia, Canada)
What is the test for determining whether to award costs at a personal injury trial? (British Columbia, Canada)
What is the test to determine whether a party has been "substantially successful" in its claim for damages? (British Columbia, Canada)
Does the court have to award costs to the successful party in a personal injury action? (British Columbia, Canada)
Does Rule 14-1(9) stipulate that costs must be awarded to the successful party in a proceeding? (British Columbia, Canada)
What is the test for awarding costs to the successful party in a personal injury action? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.