In what circumstances will a court order costs for a partially successful applicant who failed on a major issue involving set-off?
Ontario, Canada
The following excerpt is from Ontario Realty Corporation v. P. Gabriele & Sons Limited, 2009 CanLII 68828 (ON SC):
In Adatia v. Damji (2005), 8 C.B.R. (8th) 165, the applicants were partially successful but failed on a major issue involving a claim of set-off. That issue took up the bulk of the time in the case. Swinton J. did not order costs to the respondent, but rather reduced the applicants’ costs by 70 percent to take into account their lack of success on that major issue. She rejected a distributive cost order.
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