In what circumstances will a motions judge exercise costs?
Ontario, Canada
The following excerpt is from Smith v. Mackinnon, 2017 ONSC 4638 (CanLII):
In Mader v. Hunter (2002), 155 O.A.C. 294 (Div. Ct.), the court held that although a motions judge had not given reasons for the exercise of her discretion on the issue of costs, it was nevertheless clear from a perusal of the record before her that she had, in fact, exercised a discretion.
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