Leave to Appeal Costs

AuthorDavid A. Potts; Erin Stoik
 32
Leave to Appeal Costs
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 is rarely granted.
New Dermamed Inc v Sulaiman, 2019 ONCA 141 per Doherty JA at para 17:

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT