Can a cost order be made on an interlocutory motion for a final disposition of an appeal?
Ontario, Canada
The following excerpt is from Sears v. Sears, 2005 CanLII 5863 (ON SCDC):
The decision of Osborne J.A. in Wine v. Fisher was in the context of an interlocutory motion, not a final disposition of the appeal. Further, his reasons repeatedly emphasize that the rule he was seeking to clarify applied to cost orders made on interlocutory motions.
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