What is the test for elevated costs of a motion for a motion to amend a motion?

Ontario, Canada


The following excerpt is from Salah et al. v. Timothy’s, 2010 ONSC 516 (CanLII):

The circumstances where elevated costs are warranted are “... only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties.” Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 (S.C.C.) at paragraph 134.

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