What is the test for overturning a costs award on appeal?
Nova Scotia, Canada
The following excerpt is from Armoyan v. Armco Capital Inc., 2011 NSCA 22 (CanLII):
On the first issue, the threshold for overturning a costs award on appeal is high. A costs award may only be overturned on appeal if the judge made an error in principle or was plainly wrong; Hamilton v. Open Window Bakery Ltd., 2004 SCC 9; [2004] 1 S.C.R. 303.
"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
In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
What is the standard of review applied by the Court of Appeal to overturn a wife's award for spousal support? (Nova Scotia, Canada)
What are the grounds of appeal in a case brought by the Court of Appeal? (Nova Scotia, Canada)
In what circumstances will the court award costs in a matrimonial matter? (Nova Scotia, Canada)
What is the standard of review for appeal where a ground of appeal raises an error of law? (Nova Scotia, Canada)
What is the cost and delay of a new application in a different way than a streamlined, more cost-effective application? (Nova Scotia, Canada)
What is the test for a cost award? (Nova Scotia, Canada)
What is the impact of a party's financial circumstances on the award of costs in a personal injury case? (Nova Scotia, Canada)
What is the test for security for costs on appeal? (Nova Scotia, Canada)
Is a court bound by the principles of law to award costs in a personal injury action? (Nova Scotia, Canada)
