Costs Awarded In the Action

When considering the costs that could be awarded to or against the plaintiff, there are many issues to consider including:

Costs to the Successful Party

Costs are normally awarded to the successful party (or parties) against the unsuccessful party (or parties). If the plaintiff(s) obtains judgment, the defendant(s) against whom judgment is granted will normally be required to pay costs to the plaintiff(s).

If the action is dismissed against a defendant, normally the trial judge will require the plaintiff(s) to pay costs to that defendant. In cases where the action is dismissed against one defendant (or some defendants) but allowed against another defendant (or other defendants), the trial judge will usually require the unsuccessful defendant(s) to pay the costs of the successful defendant(s).

The costs of an interlocutory application (an application on a procedural matter arising before trial) are payable by the party who is unsuccessful on the application to the party who is successful, regardless of the final result of the action (unless the master or justice who hears the application makes another order as to costs).

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