Does a successful motion for a default judgment need to also contain costs?
Ontario, Canada
The following excerpt is from CARREIRO v SKRZECZKOWSKA, 2021 ONSC 4793 (CanLII):
Normally, a successful party is entitled to some costs. For this type of motion, however, it is commonplace for the plaintiff to be awarded both the costs of the motion as well as costs thrown away (the latter related to the noting in default and the default judgment). Bouzari v. Bahramani, 2013 ONSC 6007, at paragraph 3.
In some instances, particularly where it is found that the motion to set aside the noting in default and the default judgment ought to have proceeded on consent, the court orders a set-off on costs – an award of costs in favour of the moving/defaulting party, minus something in favour of the plaintiff representing its costs thrown away. B.A. Construction v. 2012221 Ontario Ltd., 2014 ONSC 2681.
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