What is the test for a successful party to recover costs in a personal injury case?

Nova Scotia, Canada


The following excerpt is from M.Q.C. v. P.L.T., 2005 NSFC 27 (CanLII):

Courts are also mindful that some litigants may consciously drag out court cases at little or no actual cost to themselves (because of public or third-party funding) but at a large expense to others who must “pay their own way”. In such cases, fairness may dictate that the successful party’s recovery of costs not be thwarted by later pleas of inability to pay. [See Muir v. Lipon, 2004 BCSC 65].

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