In Logeman v. Rossa, 2006 BCSC 692, at para. 75, Madam Justice Sinclair Prowse identified the following factors relating to the nature and conduct of the litigation which a court may consider in the exercise of its discretion under s. 3(1): ... For example, the Courts have looked at whether the plaintiff was forced to go to trial in order to obtain recovery; the costs of getting to trial, as well as the difficulty and length of the trial; whether, if costs are apportioned according to liability, the costs recovery available to the plaintiff will bear any reasonable relationship to his/her costs in obtaining the results achieved; the positions taken by the parties at trial, in particular whether the positions taken were appropriate and reasonable in the circumstances; whether the defendant made any settlement offers; and the ultimate results of the trial, asking whether the plaintiff achieved substantial success that would effectively be defeated if the costs were awarded pursuant to s. 3.
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