Can a withdrawn motion for an interlocutory injunction be costed?
Ontario, Canada
The following excerpt is from Brook Restoration Ltd. v. McMullen, 2021 ONSC 7100 (CanLII):
In Faas v. Coloroso, 2014 ONSC 4494, at para. 25, Morgan J. did not order costs of a withdrawn motion for an interlocutory injunction since, on the facts of that case, the trial judge “will also be in the best position to determine how much of the time and effort spent on the motion was useful at trial and how much was thrown away”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
What are the costs for a party who loses an interlocutory motion for injunctive relief? (Ontario, Canada)
How is a motion for an interlocutory injunction disposed of costs? (Ontario, Canada)
What is the proper procedure to order costs payable forthwith on an interlocutory motion? (Ontario, Canada)
What is the applicable test for a motion for an interlocutory injunction? (Ontario, Canada)
Does a motion of dismissal have to include cost consequences or cost consequences? (Ontario, Canada)
Is a plaintiff entitled to both costs and costs of a motion to set aside a default judgment? (Ontario, Canada)
Can a cost order be made on an interlocutory motion for a final disposition of an appeal? (Ontario, Canada)
What are the costs of a motion or motion? (Ontario, Canada)
What are the costs of a motion to certify a motion for personal injury? (Ontario, Canada)
