What are the factors to consider when an application is made to depart from section 3(1) of the Negligence Act?

In her decision in Moses v. Kim, 2007 BCSC 1820, Gray J. provided this helpful summary of the factors to consider on an application to depart from s. 3(1) of the Act: (a) the seriousness of the plaintiff's injuries; (b) the difficulties facing the plaintiff in establishing liability; (c) the fact that in settlement negotiations the amount offered was substantially below the ultimate amount; (d) whether the plaintiff was forced to go to trial to obtain recovery; (e) the costs of getting to trial; (f) the difficulty and length of the trial; (g) whether the costs recovery available to the plaintiff, if costs are apportioned according to liability, will bear any reasonable relationship to the party's costs in obtaining the results achieved; (h) the positions taken by the parties at trial, in particular whether the positions taken were appropriate and reasonable in the circumstances; (i) whether the defendants made any settlement offers; (j) the ultimate result of the trial; and (k) whether the plaintiff achieved substantial success that would be effectively defeated if costs were awarded pursuant to s. 3(1) of the Negligence Act.