June 26, 2023 – Appealing a Costs Order

“The appellant also seeks to appeal the decision to make the entirety of the costs award enforceable as support by the Family Responsibility Office, as opposed to only that part of the costs award attributable to the issue of support.

As set out in s. 133(b) of the Courts of Justice Act, R.S.O. 1990, c. C.43, a discretionary order of costs may not be appealed without leave. Leave to appeal a costs order will not be granted save where there are strong grounds upon which the appellate court could find that the trial judge had erred in the exercise of his or her discretion: Brad-Jay Investments Ltd. v. Szijjarto (2006), 2006 CanLII 42636 (ON CA), 218 O.A.C. 315 (C.A.), at para. 21. An appellate court should set aside a costs order only if the trial judge has made an error in principle or if the costs award is plainly wrong: see Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 (CanLII), [2004] 1 S.C.R. 303, at para. 27.”

Knight v. Knight, 2019 ONCA 538 (CanLII) at 14-15