Is a plaintiff required to pay costs thrown away up front before they were permitted to move their action to a lower court?
Ontario, Canada
The following excerpt is from Wensley et al. v Xu et al., 2016 ONSC 843 (CanLII):
There is no question that courts before me have required a plaintiff to pay costs thrown away up front before they were permitted to move their action to a lower court (see May v. Hutchinson [2013] OJ. No. 5962; Lamarche v. ING Insurance Co. of Canada, [2012] OJ No. 3248). The question is whether the costs of arguing this motion should be included in “costs thrown away”.
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