Can a judge reverse an order of costs?
Manitoba, Canada
The following excerpt is from Manitoba Keewatinowi Okimakanak Inc. v. McIvor, 2007 MBCA 134 (CanLII):
6 To begin with, I acknowledge the high threshold that is necessary before a trial judge can be reversed on an issue of costs. An order of costs is a discretionary order that is not to be interfered with by an appellate court unless the trial judge erred in principle or the costs award is plainly wrong. See Hamilton v. Open Window Bakery Ltd., 2004 SCC 9, [2004] 1 S.C.R. 303, at para. 27. Here, the trial judge stated the law correctly, but then went on to make findings of fact that were inconsistent with his award of costs.
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