What is the test for appeal against an award of costs by a judge?
Ontario, Canada
The following excerpt is from T.S. v. I.T., 2005 CanLII 7668 (ON SC):
In Yakabuski v. Yakabuski Estate, [1988] O.J. 2870, Steele J. considered whether or not leave to appeal an order as to costs should be granted as follows: An award of costs by a judge should not be lightly interfered with. The applicant must convince the judge from whom leave is requested that there are strong grounds upon which the appellate court could find the judge erred in exercising his discretion.
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