What is the test for awarding costs of costs simpliciter?
British Columbia, Canada
The following excerpt is from Judge v. Judge, 2015 BCSC 2240 (CanLII):
An award of costs simpliciter is an essential prerequisite for an award of double costs: Paul v. Pumple, 2013 BCSC 1844 at para. 22. Accordingly, if I conclude that the claimant was not substantially successful in the litigation or, even if she was, if I exercise my discretion not to award costs, then the issue of double costs does not arise.
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