Is a judgment debtor entitled to costs if the judgment creditors succeed?
Ontario, Canada
The following excerpt is from Zakhary v Age-less Dermal Therapy Inc., 2015 ONSC 5428 (CanLII):
The judgment debtor submitted that in the event that the judgment creditors were successful, there should be no order as to costs because the matter in issue is novel. However, it submitted that in the event that it succeeded or if an order was made limiting the scope of the examination in aid of execution (as was the case in Chitel v. Rothbart, supra) then it should be entitled to costs. Apparently, novelty wears off quickly when one is successful.
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