Can a successful party recover costs from the opposing side on cross-examination?
Ontario, Canada
The following excerpt is from Johnson & Johnson v. Lifescan Inc., 2008 CanLII 872 (ON SC):
There is little guidance from decided cases under the Rule except to note that judicial discretion does permit recovery of costs by a successful party on cross-examination of the opposing side (see Van Bork v. Van Bork, [1994] O.J. No. 1400 per Finlayson J.A.)
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