7. This rule gives the trial judge a discretion to depart from the general principle that costs go to the successful party. However, this discretion is not absolute: it must still be exercised judicially and be based upon generally recognized criteria such as admissions of liability, relationship between offers to settle and the award, relation of amount recovered to amount claimed, reasonableness of raising particular issues, whether a discernable issue was decided against the plaintiff, whether the litigation was of a major commercial nature and which party could really be said to have succeeded. (Rooney v. Chan (1992), 76 B.C.L.R. (2d) 186 (B.C.S.C.) at 189)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.