What is the test for setting aside an order for costs at a personal injury trial?
British Columbia, Canada
The following excerpt is from Meghji v. British Columbia (Ministry of Transportation and Highways), 2014 BCCA 105 (CanLII):
All parties accept that costs orders are discretionary and that the trial judge is in a privileged position to assess the criteria that ought to be considered in making a costs order, in particular the complexity of the issues at trial, the time taken to address those issues, and the extent to which the trial was prolonged or expedited by counsel or the parties. An order for costs should only be set aside if the trial judge erred in principle in the assessment of costs or if the costs award is plainly wrong: Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 at para. 27, [2004] 1 S.C.R. 303. (i) The consequences of the settlement offer
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a judge set aside an order of the judge ordering that damages be awarded in a personal injury case? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
Is an application to set aside a Garnishing Order set aside interlocutory? (British Columbia, Canada)
In a personal injury case, in what circumstances will the BCSC provide advice to the parties on organization and preparation of the personal injury trial? (British Columbia, Canada)
In making a determinate order on a motion of no confidence in a motion for personal injury in a personal injury case, what are the reasons why such a determination is necessary? (British Columbia, Canada)
When will the court order an order of costs in a personal injury case? (British Columbia, Canada)
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
What are the circumstances in which special costs can be ordered in a personal injury case? (British Columbia, Canada)
Is financial hardship a factor in determining the appropriate order for costs in a personal injury case? (British Columbia, Canada)
What is the effect of an order to cancel an order for non-payment of a lump sum of funds made in a personal injury case? (British Columbia, Canada)
