Does a motion for leave to appeal require costs to be awarded?
Ontario, Canada
The following excerpt is from Primary Response Inc. v. 1241676 Ontario Inc., 2010 ONSC 5077 (CanLII):
No award of costs was made although the judge hearing the motion for leave to appeal observed that the motions judge "stated his inclination to make no order for costs 'if for no other reason than the novelty of the points involved'" (see: Fantl v. Transamerica Life Canada, supra, at para. 8). As I read it, this is intended to underscore the recognition of the importance of the issue but demonstrates no definitive determination as to the question of costs.
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