Is there any difference between a plaintiff and a defendant in the award of costs under section 40 of the Canadian Personal Injury Act?
Nova Scotia, Canada
The following excerpt is from Canada (Attorney General) v. MacQueen, 2014 NSCA 96 (CanLII):
In the first Nova Scotian case to address s. 40 of the CPA (Morris Estate v. Nova Scotia (Attorney General), 2012 NSSC 386), MacAdam J. emphasized that the CPA does not differentiate between plaintiffs and defendants in the award of costs:
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