Does a successful party have to reduce the costs of a successful motion for summary judgment?

Ontario, Canada


The following excerpt is from Perry v. D’Souza, 2018 ONSC 1025 (CanLII):

Where a successful party is not successful on a major issue in the proceeding, a court has discretion to reduce the party’s costs to reflect that outcome: See Rimmer v. Lahey, [2013] O.J. No. 5712 at para. 25. The issues that were raised on the plaintiff’s motion for summary judgment were in relation to the liability of Mr. D’Souza on his personal guarantee and the amount to be paid thereunder. Although Mr. D’Souza was successful on the issue of whether his payment obligations under the guarantee cover severance pay and vacation pay, the resolution of this issue did not involve a significant amount of time at the hearing of the motion and, in my view, a reduction of the plaintiff’s costs to reflect the outcome of his motion in respect of this issue is not appropriate.

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