What is the test for making a cost order within the scope of the trial judge?
British Columbia, Canada
The following excerpt is from Kumagai v Campbell Estate, 2021 BCSC 677 (CanLII):
Costs orders are within the discretion of the trial judge: Sampley v. Burns, 2018 BCCA 178 at para. 64. Our Court of Appeal went on in Sampley to state, at para. 65:
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