In what circumstances will a judge award costs in a personal injury case?
British Columbia, Canada
The following excerpt is from L.A.S. v. B.S., 2003 BCSC 1346 (CanLII):
In C.C. v. R.C., Mr. Justice Coultas accepted an argument that to award costs in the case before him would be punitive when there would be no corresponding benefit to the plaintiff by an award of costs. To award costs would upset the balance achieved by the order of the court. I was open to a similar argument in Pearsall v. Pearsall, 2003 BCSC 812. In the case before Mr. Justice Coultas, the successful party had been represented by legal aid.
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