MAKING AN "APPORTIONED" COSTS ORDER: A CLAIMANT WHO RECOVERS LESS THAN THEY ARE ASKING IS NOT A "LOSER"

It is more common for a judge to "apportion" costs at the end of a trial to reflect the merits of the case and the "success" of each party. In Trant -v- Stokes (o3/12/2014 CA)* the Court of Appeal overturned a decision of the trial judge that the claimant should pay a defendant a substantial part of...