Can a plaintiff in a personal injury action obtain costs from a private legal aid scheme?
British Columbia, Canada
The following excerpt is from Nowak v. Nowak, 2000 BCSC 1243 (CanLII):
In Gibbs v. Jalbert (1995) 36 CPC (3rd) 110 (BCSC) Edwards, J. held that the fact that a party’s costs may have been covered by a private legal aid scheme was irrelevant and that Skidmore, supra stood for the proposition that the rule that costs follow the event goes beyond indemnification of the successful party and held that the plaintiff was entitled to costs, even assuming that he owed no legal fees.
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