No good reason to depart from usual rule that costs follow the event
Application for gross sum costs order
Where gross sum sought is modest and fraction of defendant’s actual costs
Quick Take
1Where the history of a proceeding gives no confidence that taxation would bring finality to the costs question, and the gross sum sought is modest and represents only a fraction of the successful party's actual costs, a gross sum costs order under r 63.07(2)(c) is logical, fair and reasonable.
2An application for leave to discontinue a proceeding serves no proper purpose where summary judgment has already been entered and the proceeding is at an end save for costs and outstanding ancillary applications.
