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
The following excerpt is from Friesen v. Jillood, 2022 ONSC 27 (CanLII):
Accordingly, I will be apportioning costs to a limited degree on the second issue in accordance with Rule 24(6). That apportionment will effectively reduce, to some extent, the costs which would otherwise be awarded to Mazin for his substantial overall success on the motion. (Likins v. MacKenzie, [2004] O.J. No. 2236 at para. 11) Rules 24(4), 24(5) – Successful Party Behaving Unreasonably
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