Can a defendant recover costs from a plaintiff even if they admit negligence?
British Columbia, Canada
The following excerpt is from McCallum v. Hough et al, 2001 BCSC 280 (CanLII):
The defendants rely on para. 20 of White v. Nuraney, 2000 BCCA 675, for the proposition that in the ordinary course, costs follow the event and that a successful litigant has, in the absence of special circumstances, a reasonable expectation of obtaining an order for the payment of costs. They also rely on paras. 18 and 21 of that case for the proposition that a claim against a defendant should be dismissed, even if the defendant admitted negligence, if the jury determines the accident had not caused any injury to the plaintiff. Admitting negligence is therefore not a bar to a defendant from recovering costs if the defendant is successful in having the action dismissed.
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