What is the test for awarding double costs in a personal injury action?
British Columbia, Canada
The following excerpt is from Brydon v. Thom, 2015 BCSC 479 (CanLII):
The guiding principles to be considered in awarding double costs have been discussed in Hartshorne v. Hartshorne, 2011 BCCA 29. The rationale for the rules discussed at para. 25 emphasizes that an award of double costs is a “punitive measure against a litigant for that party’s failure, in all of the circumstances, to have accepted an offer to settle that should have been accepted.”
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