What is the impact of a party's financial circumstances on the award of costs in a personal injury case?

The defendants rely on Farrell v. Casavant, 2010 NSSC 46, where the plaintiff argued that because of his modest means the court should deny the successful defendant costs. Smith A.C.J. acknowledged, at para. 25, that there have been occasions, predominantly in family law cases, where the court has considered a party's financial circumstances in dealing with costs, but added that this is a factor not usually taken into account by the court. The Associate Chief Justice determined that the plaintiff's financial circumstances should not affect her costs award.

The Defendant also relies on Marsh v. Paquette, 2011 NSSC 70, where the defendants were awarded costs after a 19‑day trial in which the plaintiff received damages of less than ten per cent of her claim. Hood J. said: