How are costs apportioned between defendants and plaintiff in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Amador v. Hans et al., 2005 BCSC 380 (CanLII):
Given the apportioned liability with respect to the Second Accident, the material difference between the Rule 37 Offer and my award, and the approach set out in Smith v. Knudsen, 2004 BCCA 613 (CanLII), I conclude that costs should be apportioned as they pertain to the Second Accident. The defendants are to pay the plaintiff 90% of his costs and disbursements to January 3, 2003 and the plaintiff is to pay the defendants their costs and disbursements from January 3, 2003.
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