How is a motion for an interlocutory injunction disposed of costs?

Ontario, Canada


The following excerpt is from Long Valley Productions, Inc. v. Exhibition Place, 2012 ONSC 4183 (CanLII):

The disposition of costs on a motion for an interlocutory injunction is dependent on the facts of the particular case. I agree with the view of Justice Mackenzie expressed in Satschko et al v. Ontario[ii] where he stated, In my view, …the court’s discretion relating to costs in interlocutory motions for injunctive relief is to be guided by the principle that regardless of whether the moving party is successful or unsuccessful, the preponderant factor in the exercise of the court’s discretion relating to costs is whether the disposition of the motion for injunctive relief effectively ends the dispute and whether the trial of the issues relating to the dispute has the character of being a virtual certainty.

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