Is a successful litigant entitled to have his costs deducted from the unsuccessful party?
British Columbia, Canada
The following excerpt is from Martin v. Martin, 2001 BCSC 1449 (CanLII):
The expression “costs should follow the event” means that the party who has been successful is entitled to have his costs from the unsuccessful party. However, the court has a discretion to depart from the general rule. The discretion must be exercised judicially and not arbitrarily. There must exist some circumstances that make it appropriate to deny costs to a litigant who has achieved success in his action. Gold v. Gold, supra, sets out some of the circumstances that may justify exercising its discretion to deny costs to the successful litigant.
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