What is the test for appeal costs?
Ontario, Canada
The following excerpt is from Conners v. D'Angelo, 2019 ONCA 905 (CanLII):
Costs awards are discretionary and the test for leave to appeal costs is appropriately stringent: Colistro v. Tbaytel, 2019 ONCA 197, 145 O.R. (3d) 538, at para. 65, leave to appeal refused, [2019] S.C.C.A. No. 173. The respondent has not identified strong grounds to find that the motion judge erred in exercising his discretion. The motion judge gave appropriate consideration to the principle of proportionality and to whether a portion of the costs claimed were necessary in the defence of the proceeding.
"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.
Other Questions
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
Does the Court of Appeal have any authority to grant leave to appeal to appeal? (Ontario, Canada)
What is the effect of the Minister’s appeal against the interim decision of the Court of Appeal finding that a new Formulary which includes the products of all five drug companies does not need to be included in the Formulaary? (Ontario, Canada)
Can an appeal be appealed from an award made by an arbitrator? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
Can a guilty plea be appealed on appeal? (Ontario, Canada)
What are the requirements for the husband and wife to submit their own costs submissions to the Court of Appeal for the release of this decision? (Ontario, Canada)
Can a costs order be overturned on appeal? (Ontario, Canada)
