Is a successful appellant entitled to costs for a Rule 38 appeal?

Case law reflects that costs usually follow the event, with the successful party awarded costs. Circumstances can alter this presumption as explained by Wells, C.J.N. in Holloway v. Holloway, 2001 NFCA 17 at paragraph 59: 59. Here, the appellant has been successful, in that this appeal has been allowed and the decision of the applications judge to proceed with a Rule 38 hearing has been set aside. Entitlement to costs usually follows success on an appeal. However, in all of the circumstances of this case, such an award would offend one's sense of fairness and be inconsistent with factors that courts normally take into account in determining entitlement to costs…