What is the leading case law on the fairness of requiring a successful plaintiff to bear third party’s costs?
Ontario, Canada
The following excerpt is from New Solutions Extrusions Corporation v. Weizenbluth, 2010 ONSC 4241 (CanLII):
The leading decision on circumstances in which fairness requires that an unsuccessful plaintiff bear a successful third party’s costs is Milina v. Bartsch, [1985] B.C.J. No. 2789 (B.C.S.C.). In that decision, McLachlin J. (as she then was) identified four circumstances in which such an award has been made.
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