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.
"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.