Does the court have to order costs for an application such as this?
British Columbia, Canada
The following excerpt is from Willson v. Highlands Strata Corp., 1999 CanLII 2900 (BC SC):
Where there has been divided success in an application such as this, courts have made no order for costs: Lau v. Strata Corp. No. LMS 463, [1996] B.C.J. No. 1728 (Q.L.)(B.C.S.C.); Marshall v. Strata Plan No. NW 2584, [1996] B.C.J. No. 1716 (Q.L.)(B.C.S.C.). This approach is properly taken in this case since the success in the action has been divided. The parties will bear their own costs. “S. Stromberg-Stein J.” S. Stromberg-Stein J.
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