There have been cases where the moving party was unsuccessful, and, following the general practice or norm, the courts have made costs orders in favour of the responding party. Apotex v. Aegis Pharmaceutical, above, involved a plaintiff’s unsuccessful claim for injunctive relief on an interlocutory motion, with the defendants being awarded costs in any event of the cause, payable forthwith. It is noteworthy that the court (Henry, J.) characterized the claim for injunctive relief as being without merit, the grounds for the plaintiff’s motion being tenuous and that the issue on the motion was not the issue to be decided at trial.
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