What is the test for estimating costs at a personal injury trial?

Nova Scotia, Canada


The following excerpt is from Blackhawk Construction Limited v. Martin, 2020 NSSC 272 (CanLII):

The word “estimated” means that determining the amount of a potential award of costs is not an exercise in precision. Then A.C.J. Smith stated, in this regard, in Ocean v. Economical, supra: 53. Estimating a potential award for costs prior to trial can be difficult. As a preliminary matter, costs are in the discretion of the trial judge who, pursuant to Civil Procedure Rule 77.02(1), may make an order about costs that will “do justice” between the parties. It is almost impossible to know prior to the trial what costs order will accomplish that.

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