Is a discretionary or appellate cost order discretionary?
British Columbia, Canada
The following excerpt is from Birnie v. Baily, 2010 BCCA 269 (CanLII):
There is no question that costs orders are discretionary and, that appellate review is limited in scope: Hamilton v. Open Window Bakery Ltd., 2004 SCC 9, [2004] 1 S.C.R. 303 at para. 27; Victoria (City) v. Adams, 2009 BCCA 563, 313 D.L.R. (4th) 29 at para. 180.
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