Tuesday, September 21, 2010

When an appeal is allowed costs below are generally awarded to the successful appellant

Matthews v. Algoma Timberlakes Corporation, 2010 ONCA 609 is a useful source for the principle that where an appeal succeeds costs below go to the appellant:

[3]              Counsel agree, when an appeal is allowed, that the order under appeal is generally set aside and the costs below are awarded to the successful appellant: see St. Jean (Litigation Guardian of) v. Cheung, [2009] O.J. No. 27 (C.A.) at para. 4.  However, the parties have different views of the success achieved by the appellant.

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