What is the test for appeal costs under section 133(b) of the Courts of Justice Act?
Ontario, Canada
The following excerpt is from Hudecki v Strubin, 2017 ONSC 1249 (CanLII):
The order of Sloan J. was a costs award on interlocutory motions. This is not a case where the applicant seeks leave to appeal costs to an appeal court under section 133(b) of the Courts of Justice Act, R.S.O. 1990, c. C.43. The applicant must show more than simply that the motion judge acted on a wrong principle, misunderstood significant facts or made the determination in a non-judicial manner (see The Children’s Aid Society of the Niagara Region v. R.DeG., 2005 CanLII 11187 ONSC). The applicant must also meet the test for granting leave to appeal.
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