What is the test for appeal against a motion judge’s costs order?
Ontario, Canada
The following excerpt is from White v. White Estate, 2020 ONSC 6270 (CanLII):
The appellant requires leave of the court in order to appeal the motion judge’s costs order. For leave to be granted, the appellant must show that the motion judge “acted on a wrong principle, or misapprehended significant facts or made the determination in a non-judicial manner”: Ramsahai-Whing v. Weenen, 2017 ONSC 1091 (Div. Ct.), para. 8.
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