What is the test for an order for costs in a personal injury action?
Nova Scotia, Canada
The following excerpt is from Morrissey v Morrissey Estate, 2018 NSCA 96 (CanLII):
I start with this basic premise. An order for costs represents an exercise in discretion commanding deference to the trial judge. We will interfere only if the judge made an error in principle or the award is just plainly wrong. See Casavechia v. Noseworthy, 2015 NSCA 56 at ¶ 42-43.
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