Can a court order a no costs order after a resolution has been concluded?
Ontario, Canada
The following excerpt is from Robinson v. Connolly, 2017 ONSC 6609 (CanLII):
As a rule, when parties resolve issues and their resolution is silent on the matter of costs, then it is presumed that no costs will flow, in connection with those issues. Having said that, costs can be ordered after a resolution if the court determines that one party was more successful overall than the other party. See Johanns v. Fulford, [2011] O.J. No. 4071 (S.C.J.). On the facts of this case, including the divided success on the January, 2014 motion, I am not prepared to conclude that the respondent was more successful, overall, so as to justify a no costs order.
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