Does being the successful party mean you have a right to costs?
Ontario, Canada
The following excerpt is from Watson Estate v. Beatrice Watson-Atcheson Foundation (Costs), 2010 ONSC 7120 (CanLII):
Being the successful party does not mean one has a right to costs. This is made all the more certain when the sentences which immediately follow both of these quotations are considered. The quotation from Bell Canada v. Olympia & York Developments Ltd., supra, goes on: … However, it is only where it can be demonstrated that the trial judge proceeded on an erroneous principle of law that the discretion can be overruled… (Bell Canada v. Olympia & York Developments Ltd., supra, at para. 23)
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