What is the test for apportioning costs between a plaintiff and defendant in a personal injury case?
British Columbia, Canada
The following excerpt is from O'Ruairc v. Pelletier et al, 2005 BCSC 1001 (CanLII):
As noted by Meiklem J. in Pangli v. Mutual Fire Insurance Co. of British Columbia, [1995] B.C.J. No. 894, the authorities are reasonably consistent in “rejecting comparisons of the amount of the final award to the claims or the positions taken by defendants as a measurement of relative success on particular issues for the purposes of apportionment of costs”.
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