Can a reviewing court review a trial judge's disposition on costs?

Ontario, Canada


The following excerpt is from Frazer v. Haukioja, 2010 ONCA 249 (CanLII):

A trial judge has extremely broad discretion in the awarding of costs, which is entitled to a very high degree of deference and will not to be taken lightly by reviewing courts. A reviewing court can only review a trial judge's award of costs where he or she has considered irrelevant factors, failed to consider relevant factors or reached an unreasonable conclusion. And finally, a reviewing court will not interfere with a trial judge's disposition on costs on the grounds that the members of the appellate court would have exercised their discretion differently: Canadian Pacific v. Matsqui Indian Band, 1995 CanLII 145 (SCC), [1995] 1 S.C.R. 3, [1995] S.C.J. No. 1, at para. 39.

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