Is a motion for costs payable to the successful party by the unsuccessful party?
Prince Edward Island, Canada
The following excerpt is from Feehan v. Doucette and Doucette, 2004 PESCAD 8 (CanLII):
I find no special reason here for costs of this motion not to follow the general rule set out in Rule 57.03(1)(a). For the reasons identified by the appellant, there are good policy reasons behind this rule. And as also noted by the appellant and referred to in other cases from this court (see: McKenna v. McKenna, [2002] P.E.I.J. No. 70, 2002 PESCTD 50), the general rule is that costs are payable to the successful party by the unsuccessful party.
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