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.
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