Rarotonga, 2010

simonshields@isthatlegal.ca

Online Lawyer

Most Popular
Contracts / Torts / Evidence / Limitations / Tenant Plus / welfare (ontario works) / odsp / human rights / employment / consumer / COVID Litigation / CRB LAW
ADMINISTRATIVE LAW | SPPA / SMALL CLAIMS / SUPERIOR COURT / APPEALS / JUDICIAL REVIEW

home / about / Little Friends Lefkada (Greece) / testimonials / E-Colleagues / Conditions of Use

Civil and
Administrative
Litigation
Intake

Simon's Megalomaniacal Beta Project

Costs - Nature of Issues

. Przyk v. Hamilton Retirement Group Ltd. (The Court at Rushdale)

In Przyk v. Hamilton Retirement Group Ltd. (The Court at Rushdale) (Ont CA, 2021) the Court of Appeal held that the presence of novel issues may justify a no-costs award to a successful party:
[35] Rule 57.01 contemplates the court considering the nature, importance, and complexity of issues in exercising its costs discretion. Novel issues arise where there is uncertainty in the law or where the facts make the guidance provided by prior cases inadequate: Fischer v. IG Investment Management Ltd., 2014 ONSC 6260, at paras. 9, 35. A novel issue that involves the public interest can support a no costs order as an exception to the general approach that a successful party will receive their costs: Childs v. Desormeaux (2004), 2004 CanLII 15701 (ON CA), 239 D.L.R. (4th) 61 (Ont. C.A.) at para. 100.




CC0

The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.