When will the court award costs to a party who was more successful in settling their claim than the other party?
Ontario, Canada
The following excerpt is from Quesnelle v. Todd, 2021 ONSC 7259 (CanLII):
The father argues that these details were important as reflected in the terms of his offer to settle which eventually ended up in the final Minutes of Settlement. To determine success, however, the court must, as is often the case in determining costs after a trial, review the issue from the perspective of the major issues before the court rather than reviewing details surrounding the settlement of those issues. There is ample case law to suggest that where success is difficult to determine or allegedly divided, then the court should “award costs to the party who was more successful on an overall global basis” (Jackson v. Mayerle, 2016 ONSC 1556, para. 66 and 67, per Pazaratz J.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
In a condominium corporation action, can the court award only partial indemnity costs or no costs to the successful party? (Ontario, Canada)
Can a court award costs to a party who was more successful on an overall global basis than the other party on a global basis? (Ontario, Canada)
Can a court award costs to a party who was more successful on an overall global basis than the other party? (Ontario, Canada)
How have courts dealt with costs in a matrimonial proceeding where the parties settled all issues except costs? (Ontario, Canada)
Is Rule 24(1) of the Rules of Civil Procedure applicable in determining costs of a claim against a party who is successful in a claim? (Ontario, Canada)
Is a court likely to award costs to one of the parties after a settlement has been reached? (Ontario, Canada)
Can a successful party obtain a costs award even in circumstances not falling within subrule 24(4)? (Ontario, Canada)
How is the Court apportioned costs on the issue of Successful Party Behaving Unreasonably on the Motion to Change the Rules of Appeal? (Ontario, Canada)
What are the costs of a family member who successfully sued for damages against the parents of a child who is not a party to the claim? (Ontario, Canada)
