What are the costs of a plaintiff in a motor vehicle accident action brought by a third party?
British Columbia, Canada
The following excerpt is from Mandzuk v. Vieira, 1983 CanLII 448 (BC SC):
The circumstances of the present case are in many respects similar to those in Peters v. Davidson. The defendant and third party did not seek to recover damages from the plaintiff. The plaintiff's injuries are most serious. He is a person of little means who has, since the accident, been unable to earn his living. He was unable to recover what was due to him without prosecuting this complex action to trial. It is my view that in these circumstances, injustice would result from application of s. 3 of the Negligence Act. Accordingly, I order that the plaintiff have his costs without deduction or set-off. Application dismissed.
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