What are the limits on the discretion of a trial judge to apportion costs under what is now Rule 14-1(15)?
British Columbia, Canada
The following excerpt is from Briante v. Vancouver Island Health Authority, 2015 BCSC 807 (CanLII):
Indeed, in describing the discretion of the trial judge to apportion costs under what is now Rule 14-1(15), the court stated that, “The only restrictions that I would impose on that general discretion is that … [it] must be exercised judicially, not arbitrarily or capriciously, and it cannot be exercised on grounds unconnected with the litigation.”: British Columbia v. Worthington.
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