Can a successful party obtain a costs award even in circumstances not falling within sub-rule 24(4)?
Ontario, Canada
The following excerpt is from Leighton v. Mansfield, 2014 ONSC 4987 (CanLII):
While it is not necessary to decide the issue in this case, I think it is arguable that a successful party may not obtain a costs award in his or her favour even in circumstances not falling within sub-rule 24(4). There may be circumstances aside from the unreasonableness of the successful party’s conduct that rebut the presumption. See Ramsay v. Ramsay, at para. 10.
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