When will a judge exercise his discretion to 'otherwise order'?

British Columbia, Canada


The following excerpt is from Tisalona v. Easton, 2017 BCCA 272 (CanLII):

One factor which the courts have considered in determining whether the discretion to “otherwise order” has been properly exercised is whether there are reasons connected to the case to depart from the default order. This factor was referenced in the leading judgment of Ritter v. Godfrey, [1927] A.C. 732 at 811-812, discussed by Craig J. in Landry at 412-413. In Ritter, Viscount Cave explained the scope of the discretion as to costs exercised by the courts of equity: This discretion, like any other discretion, must of course be exercised judicially, and the judge ought not to exercise it against the successful party except for some reason connected with the case.

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