Does a motion judge have any authority to apportion plaintiff’s costs on the same percentage basis as liability?
Ontario, Canada
The following excerpt is from Bondy-Rafael v. Potrebic, 2019 ONCA 1026 (CanLII):
More recently, in Gendron v. Thompson Fuels, 2018 ONSC 2079, 18 C.E.L.R. (4th) 178, at para. 38, the motion judge refused to apportion the plaintiff’s costs on the same percentage basis as liability, observing that the apportionment of costs calls for a “more nuanced analysis.” This court upheld his decision: 2019 ONCA 293, 56 C.C.L.T. (4th) 33, at para. 123, leave to appeal refused, [2019] S.C.C.A. No. 228.
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