rowbotham, o'ferrall and strekaf jja

14.88: Cost awards

Case Summary

The Appeal of an Order for retroactive and ongoing child support had been dismissed, though with a small variance to the Order as conceded by the Respondent. Both the Appellant and the Respondent sought to depart from Rule 14.88 regarding the entitlement of the successful party to Costs pursuant to Schedule C at the same scale as the Order appealed from. The Appellant requested reduced Costs on the basis that he had been partially successful. The Respondent requested enhanced Costs on the basis that the Appeal had been without merit.

The Court reviewed a well-settled interpretation of Rule 14.88, being that a “successful party” need only achieve substantial success, as opposed to complete success. The Court found no reason to deviate from Rule 14.88, implying that Respondent would be entitled to Costs as the substantially successful party, though only on the scale of Schedule C which applied to the Order appealed from.

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