Sunday, January 18, 2015

In general costs below follow costs on appeal

Bell (Re), 2015 ONCA 19:

[6]          The appellant has succeeded in this court and accordingly should be entitled to its costs throughout. The settlement offer referenced by the respondent in its submissions is irrelevant to the issue before this court.  So too are its submissions in relation to events involving a creditor of the appellant. 

[7]          In our view, there is no reason why the appellant should not be entitled to its costs below in view of its success in this court.  Further, there is no reason to fix a different amount from the figure to which the parties agreed prior to the hearing of this appeal.

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