In what circumstances will the Court in Okanagan be able to order interim costs?

The Court in Okanagan at para. 36 made the general observation that the power to order interim costs is inherent in the nature of the equitable jurisdiction as to costs. Accordingly, factors of an equitable nature may be relevant considerations in determining the existence of special circumstances. With respect to special circumstances, Lane J. in Townsend v. Florentis, [2004] O.T.C. 313, 2004 CarswellOnt 1402 at paras. 56-57 (S.C.J.) noted: [T]here must exist some factor which decisively lifts the applicant’s case out of the generality of cases. The existence of issues going beyond the interests of the parties alone would seem to be one possible example of the minimum required. . . . The mere ‘leveling of the playing field’, although an admirable objective, would deprive the Third Test [in Okanagan] of any real meaning . . ..