Fernandes v. RBC Life Insurance Company, 2009 ONCA 864, released today, makes the well known point that appeals of cost orders will seldom succeed. The Court holds:
[23] The jurisdiction of this court to interfere with a trial judge's discretionary costs award is limited. Absent an error in principle or unless the award is plainly wrong, appellate intervention is precluded
James Morton
1100-5255 Yonge Street
Toronto, Ontario
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416 225 2777
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