Is a motion abandoned or deemed to be abandoned?
Ontario, Canada
The following excerpt is from Brook Restoration Ltd. v. McMullen, 2021 ONSC 7100 (CanLII):
Under rule 37.09(3), when a motion is abandoned or deemed to be abandoned, the responding party on whom the notice of motion is served “is entitled to the costs of the motion forthwith, unless the court orders otherwise”. Consequently, the court has discretion to order costs even if a motion is abandoned or dismissed: Cherny v. Pollari, 2017 ONSC 1886, at para. 14.
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