Costs only where proceeding instituted vexatiously
17 Costs only where proceeding instituted vexatiously
A party (the first party) to a proceeding (including an appeal) in a matter arising under this Part must not be ordered to pay costs incurred by any other party to the proceeding unless the first party instituted the proceeding vexatiously or without reasonable cause.
Despite subsection (1), if a court hearing a proceeding (including an appeal) in a matter arising under this Part is satisfied that a party (the first party) to the proceeding has, by unreasonable act or omission, caused another party to the proceeding to incur costs in connection with the proceeding, the court may order the first party to pay some or all of those costs.
In this section:
costs includes all legal and professional costs and disbursements, and expenses of witnesses.
This Act’s bill:Explanatory memorandumSecond reading speech
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