Is a plaintiff entitled to double costs for a counterclaim?
British Columbia, Canada
The following excerpt is from Connor Financial Services International Inc. v. Carver, 2016 BCSC 1363 (CanLII):
The plaintiff argues that I have already deprived it of the costs of its action and that it is unfair that the defendants are asked to pay double costs after the offer was made, citing CP v. RBC Life Insurance Company, 2015 BCCA 30. In my view, this submission is incorrect for primarily two reasons: 1. I have concluded that the plaintiff did not succeed on its claim; 2. The defendants having elected to pursue their cross-claim by way of set-off, costs are not assessed with respect to both the claim and the counterclaim — they are assessed as one set of costs and general to the action.
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