Can a withdrawn motion for an interlocutory injunction be costed?
Ontario, Canada
The following excerpt is from Brook Restoration Ltd. v. McMullen, 2021 ONSC 7100 (CanLII):
In Faas v. Coloroso, 2014 ONSC 4494, at para. 25, Morgan J. did not order costs of a withdrawn motion for an interlocutory injunction since, on the facts of that case, the trial judge “will also be in the best position to determine how much of the time and effort spent on the motion was useful at trial and how much was thrown away”.
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