Is a motion judge’s costs award awarded on appeal?
Ontario, Canada
The following excerpt is from Abbasbayli v. Fiera Foods Company, 2021 ONCA 95 (CanLII):
A motion judge’s costs award is entitled to deference. Unless the judge has made an error in principle or the costs award is plainly wrong, an appellate court should not set aside the costs award: see Hamilton v. Open Window Bakery Ltd., 2004 SCC 9, [2004] 1 S.C.R. 303, at para. 27. Where, as in this case, an appeal is allowed in whole or in part, it is appropriate to revisit the costs award in the court below having regard to the outcome on appeal.
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