What is the test for awarding costs in a personal injury case?

However, this decision has not been followed exclusively in Ontario. In Frankel v. Manitou Corp., [2002] O.J. No. 3453 (S.C.J.), the court (Ground, J.) (specifically in para. 1) rejected this position as being in the abstract the law of Ontario. Ground, J. awarded costs on the basis of his analysis of the details of settlement, stating that: Although the settlement clearly represents a compromise, the applicant, Frankel, did achieve a substantial degree of success and should be entitled to costs in addition to the fact the minutes of settlement themselves clearly anticipate the applicant will be awarded some costs. [emphasis added]