What is the proper procedure to order costs payable forthwith on an interlocutory motion?

Ontario, Canada


The following excerpt is from Maple Leaf Foods Inc. v. Robin Hood Multifoods Inc., 1994 CanLII 7430 (ON SC):

I am guided by Axton v. Kent, supra, at p. 800. There, Campbell J. says: It is a salutary practice to order costs payable forthwith on interlocutory matters unless the justice of the case suggests otherwise. Interlocutory motions afflict parties with needless costs and delay. The plaintiff’s conduct in this case, for instance, has led to a year of delay and great unnecessary cost to the parties. This case demonstrates the wisdom of the practice of ordering costs payable forthwith on interlocutory matters unless the justice of the case otherwise requires.

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