An order that each party bear their own costs is most commonly, if not exclusively, made in actions where the success of the parties is divided – that is, the parties have enjoyed about the same level of success. In this type of situation, the Courts have held that an order granting costs to one party would be unjust because it does not fairly reflect the situation. Rather, in situations of equal success more often than not the fair/just order will be an order that each party bear their own costs: Grealy v. Kuntz, supra.
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