In Rooney v. Chan (1992), 76 B.C.L.R. (2d) 186 (B.C.S.C.), supra, the plaintiff received his full costs. While the plaintiff was unsuccessful insofar as quantification of damages was concerned, the award granted did exceed the defendant's last pre-trial offer of settlement and liability and damages remained an issue throughout. Justice Boyd found that the plaintiff did not exaggerate his symptoms nor was his credibility in any way wanting. She concluded the plaintiff had advanced a difficult but legitimate claim in damages, and, in the face of denial of liability, had succeeded, although on a smaller scale than originally claimed. She therefore applied the normal rule and awarded the plaintiff his full costs.
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