Can a court award costs to a party who was more successful on an overall global basis than the other party?
Ontario, Canada
The following excerpt is from Wilson v Kovalev, 2016 ONSC 163 (CanLII):
Where success in a step in a case is divided, the court may exercise its discretion to apportion costs as appropriate (Rule 24(6)). The court may also in those circumstances award costs to the party who was more successful on an overall global basis (Boland v. Boland, [2012] O.J. No. 1830 (O.C.J.)). Similarly, if the parties have reached a negotiated resolution of the issues in their case, costs can nonetheless be ordered if the court determines that one party was more successful overall than the other party (Johanns v. Fulford, [2011] O.J. No. 4071 (S.C.J.)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a court award costs to a party who was more successful on an overall global basis than the other party on a global basis? (Ontario, Canada)
What are the costs of a plaintiff who was more successful on an overall global basis or on a global basis than on the primary issue? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
When will the court award costs to a party who was more successful in settling their claim than the other party? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
How is the Court apportioned costs on the issue of Successful Party Behaving Unreasonably on the Motion to Change the Rules of Appeal? (Ontario, Canada)
What are the grounds on which this court could find that the trial judge erred in exercising their discretion in awarding a costs award? (Ontario, Canada)
What is the standard order that costs be awarded to the successful party? (Ontario, Canada)
Is a court likely to award costs to one of the parties after a settlement has been reached? (Ontario, Canada)
Can a successful party obtain a costs award even in circumstances not falling within subrule 24(4)? (Ontario, Canada)
