Does the Court have to award costs to the respondent of the motion for leave to appeal?
Ontario, Canada
The following excerpt is from Hanemaayer v. Freure, 2004 CanLII 34935 (ON SC):
[9] Where leave to appeal is granted, but the appeal is ultimately dismissed, the appellate court has the discretion to award costs to the respondent of both the appeal and the motion for leave to appeal (Toms v. Agro, supra). This is consistent with the principle that costs are normally awarded in accordance with result of the proceeding. (See Rule 57.0l of the Rules of Civil Procedure)
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