Is a plaintiff entitled to both costs and costs of a motion to set aside a default judgment?
Ontario, Canada
The following excerpt is from Barth v. Taylor, 2021 ONSC 4190 (CanLII):
In the case of Bouzari v. Bahramani, 2013 ONSC 6007 (S.C.J.) Low, J. observed at para. 3 and 4 that “it is usual for a plaintiff to be awarded both the costs of a motion to set aside a default judgment as well as costs thrown away” and “to the extent that a motion to set aside a default judgment has been occasioned by the failure of the defendant to defend although served with originating process, such an award of costs is usual.”
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