Firstly, with respect to an order of costs, an appellate court rarely intervenes, as costs are in the discretion of the motion judge. An appellate court may intervene if there has been an error in principle or the costs order is clearly wrong (see Hamilton v. Open Window Bakery Ltd., 2004 SCC 9, [2004] 1 S.C.R. 303 at para. 27).
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