Civil Litigation Dicta - Costs - Joint and Several
. Hevey v. Hevey
In Hevey v. Hevey (Div Court, 2024) the Divisional Court interprets a costs orders, here made in relation to several successful defendants but not specifying it's proportions across them, as 'joint and several':
(c) Commercial action costs payable to four defendants
[25] The appellant submits that the $38,631.32 costs ordered by Nicholson J. to be paid by the appellant in the commercial action were payable to four defendants, not just to the respondent herself, and there is no distinguishing what portion may be payable to her. Therefore, the full amount of those costs should not have been ordered by the motion judge to be paid to the respondent.
[26] I am not persuaded that this consideration supports setting aside or varying the Order. Since Nicholson J. did not order a division of the costs award amongst the four defendants, any one of them could arguably enforce payment jointly or severally. The appellant is obliged to pay the entire costs amount. ...
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