COSTS — Party/Party — whether successful party should only be entitled to recover 30% of his costs due to only partially succeeding on one out of three grounds of judicial review — exercise of discretion — application for alternative costs order refused
Quick Take
1Where a plaintiff succeeds in obtaining the relief sought (here, remittal of a medical assessment certificate), the general rule that costs follow the event is not displaced merely because the plaintiff succeeded on only one of several grounds of judicial review.
2In assessing whether to make a proportionate or issue-based costs order, relevant factors include whether the unsuccessful party conceded the ultimately successful issue, the brevity of the hearing, and the degree to which the issues were factually intertwined.
