When will the court order an order of costs in a personal injury case?

However, the court has discretion to make other orders as to costs, depending on the circumstances. These include, as stated by McEachern C.J.B.C. in Gold v. Gold, supra, at page 185, the following: Factors such as hardship, earning capacity, the purpose of the particular award, the conduct of the parties in the litigation, and the importance of not upsetting the balance achieved by the award itself are all matters which a trial judge, quite properly, may be asked to take into account. Assessing the importance of such factors within the context of a particular case, however, is a matter best left for determination by the trial judge.