What is the test for having to pay costs in a personal injury case?
Yukon, Canada
The following excerpt is from H. v. H., 2003 YKSC 51 (CanLII):
In support of number one, the respondent cites the case of Chassie v. Venczel, [2002] B.C.J. No. 246. This case can be distinguished on its facts. It also cited the case of C.J.L.W. v. A.M.D., [2002] Y.J. No. 102. This case describes what is a very close matter and in considering the closeness of the decision on the issues, the judge decided that there should be no order for costs. Each party should bear their own costs.
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