What is the test for appeal costs in a family proceeding?

Ontario, Canada


The following excerpt is from Crisp v. Crisp, 2013 ONSC 4366 (CanLII):

The test for leave to appeal a costs award in a family proceeding was articulated by Aston J. in Johanns v. Fulford, [2011] O.J. No. 4071 (S.C.J.) at para. 2, as follows: (i)Awards of costs, while a matter of judicial discretion, can be reviewed by an appellate court on the basis that the award is made on a wrong principle, on a misapprehension of significant facts, or in a non-judicial manner; (ii)A person seeking leave to appeal a decision regarding costs faces a heavy onus requiring strong grounds; (iii)Having regard to the parameters of judicial discretion, leave to appeal will be granted if: (a) the discretion is not exercised on the facts of the case; (b) the discretion is exercised on facts wholly unconnected with the cause of action; or (c) the judgment has proceeded on some erroneous principle.

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