Are party and party costs appropriate on Class III on a motion?
Manitoba, Canada
The following excerpt is from M.T. v. E.N.S.T., 2001 MBQB 81 (CanLII):
That said, costs are always discretionary. They should however ordinarily follow the cause unless there is a clear legal reason not to do so: Gabb v. Gabb (6 February 2001) M.J. No. 55 (Man.C.A.). Party and party costs on Class III both on this motion and on the references which will follow are appropriate here and are awarded in favour of the wife. Those costs may be determined by the Master or may be taxed in the usual way. ______________________________J.
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