IWANYSHYN v CINCIRUK

In an estate dispute, the estate was awarded Costs as the successful party. The unsuccessful party appealed the Costs award. The Court of Appeal noted that an award of Costs is discretionary. Therefore, a very clear error must be shown on the part of the Judge who awarded the Costs. The Appellant failed to identify any error of law or fact, and moreover, failed to obtain Leave to Appeal as to Costs alone, as required by the Rules. Accordingly, the Appeal was dismissed.