Rarotonga, 2010

Simon's Legal Resources

(Ontario)

Most Popular
Contracts / Torts / Evidence / Limitations / Tenant Plus / welfare (ontario works) / odsp / human rights / employment / consumer / E-Access
ADMINISTRATIVE LAW | SPPA / SMALL CLAIMS / CIVIL COURT / CIVIL APPEALS / JUDICIAL REVIEW

home / about / Little Friends Lefkada (Greece) / testimonials / Conditions of Use

Associated Site
Canadian Animal Law

Appeals - Costs

. Cheng v. Grigoras

In Cheng v. Grigoras (Ont CA, 2022) the Court of Appeal considered a test for appealing costs awards:
[27] We see no basis for disturbing the motion judge’s discretionary costs order. ... The appellant has not shown that the motion judge made an error in principle or that the costs award is plainly wrong: see Hamilton v. Open Window Bakery, 2004 SCC 9, [2004] 1 S.C.R. 303, at para. 27, referring to Duong v. NN Life Insurance Company of Canada (2001), 2001 CanLII 24151 (ON CA), 141 O.A.C. 307 (C.A.), at para. 14.
. Golden Oaks Enterprises Inc. v. Scott
In Golden Oaks Enterprises Inc. v. Scott (Ont CA, 2022) the Court of Appeal considered a test for appealing costs awards:
[7] The overriding principle in assessing costs is that the award must be fair and reasonable: Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291 (C.A.), at para. 24.
. Leaf Homes Limited v. Khan

In Leaf Homes Limited v. Khan (Ont CA, 2022) the Court of Appeal considered the normal rule around setting appeal costs, that settlement offers are disregarded:
[154] Typically, this court does not consider settlement offers when deciding costs of the appeal: see Niagara Structural Steel (St. Catharines) Ltd. v. W.D. Laflamme Ltd. (1987), 1987 CanLII 4149 (ON CA), 58 O.R. (2d) 773 (C.A.). ...
. Perlmutter v. Smith

In Perlmutter v. Smith (Ont CA, 2020) the Court of Appeal considered an issue of costs in an appeal case:
[7] Yet another is that offers to settle are generally not considered in deciding costs in this court. Rule 49 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 does not apply to appeals. That said, an offer to settle an appeal prior to argument may be taken into account when fixing costs but this power is exercised only on rare occasions: Smith Estate v. Rotstein, 2011 ONCA 833 at para. 16. This is not one of those rare occasions.



CC0

The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.