Legal Blog

Costs Appeal Leave

Auciello v. CIBC Mortgages Inc. 2020 Ont CA

Tests for standalone leave to appeal costs: “Leave to appeal will not be granted save in obvious cases where the party seeking leave convinces the court there are strong grounds upon which the court could find that the judge erred in exercising his discretion” and “(a) court should set aside a costs award on appeal only if the trial judge has made an error in principle or if the costs award is plainly wrong.”

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.