Can an order of costs be set aside if it is based on principle or is plainly wrong?
Manitoba, Canada
The following excerpt is from Zenyk Estate v. Zenyk, 2008 MBCA 109 (CanLII):
12 An order of costs is also a discretionary order and should only be set aside if it is based on an error in principle or is plainly wrong. See Little Sisters Book and Art Emporium v. Canada (Commissioner of Customs and Revenue), 2007 SCC 2, [2007] 1 S.C.R. 38 at para. 49. Here again, the appellant was not able to point out any error in principle or show that it was plainly wrong.
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