Leave to Appeal Costs
Author | David A. Potts; Erin Stoik |
Pages | 330-338 |
330
32
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 ANTISLAPP MOTIONS REFUSED
Leave to appeal costs is rarely granted.
New Dermamed Inc v Sulaiman, 2019 ONCA 141 per Doherty JA at para 17:
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
