Can a court order costs against a non-party without having to apply the "person of straw" test?

Ontario, Canada


The following excerpt is from 1318847 Ontario Limited v. Laval Tool & Mould Ltd., 2017 ONCA 184 (CanLII):

The appellant submits that the court’s jurisdiction to order costs against a non-party is not limited to the “person of straw” scenario. It relies on Curry v. Davidson, (1922), 23 O.W.N. 3 (H.C.), as support for the proposition that a court has jurisdiction to order non-party costs without having to apply the “person of straw” test.

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