Leave to Appeal Costs

• Author: David A. Potts; Erin Stoik
• Pages: 330-338

330

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Leave to Appeal Costs

LEGISLATION

Section 133(b) of the Ontario Courts of Justice Act, RSO 1990, c C.43, pro-

vides that:

133 No appeal lies without leave of the court to which the appeal is to be taken,

. . .

(b) where the appeal is only as to costs that are in the discretion of the court

that made the order for costs.

Section 7 of the British Columbia Court of Appeal Act, RSBC 1996, c 77,

sets out the circumstances in which leave to appeal is required:

Leave to appeal

7 (1) In this section, “limited appeal order” means an order prescribed under the

rules as a limited appeal order.

(2) Despite section 6 (1) of this Act, an appeal does not lie to the court

from a limited appeal order without leave being granted by a justice.

(3) In an order granting leave to appeal under this or any other Act, a

justice may limit the grounds of appeal.

According to the Court of Appeal Rules, BC Reg 297/2001, an order grant-

ing or refusing costs, if the only matter being appealed is that grant or refusal,

is a limited appeal order, which requires leave.

LEAVE TO APPEAL COSTS OF ANTISLAPP MOTIONS REFUSED

Leave to appeal costs is rarely granted.

New Dermamed Inc v Sulaiman, 2019 ONCA 141 per Doherty JA at para 17: