Is a court bound by the principles of law to award costs in a personal injury action?
Nova Scotia, Canada
The following excerpt is from Hill v. Hill, 2003 NSCA 33 (CanLII):
An award of costs is a discretionary order and subject to deference. This court will not interfere in a costs award unless wrong principles of law have been applied or the decision is so clearly wrong as to amount to a manifest injustice (Conrad v. Snair (1996), 1996 CanLII 5557 (NS CA), 150 N.S.R. (2d) 214 (C.A.)). As a general rule, costs are awarded in favour of the successful party and mixed success attracts an order for costs reflective of that result, often with both parties bearing their own costs.
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