Divisional Court Rules On Cost Regime Symmetry

The Divisional Court released its decision in Fischer last week, in which the Court dismissed the Plaintiffs' application for leave to appeal an October 2014 costs decision by Perell J. (the "2014 Costs Decision").

Background

The Plaintiffs sought leave to appeal the 2014 Costs Decision, which held that – in light of the novelty of the issues and pursuant to s. 31(1) of the CPA – each party should bear their own costs of the certification motion.

In particular, after denying class certification in January 2010, Perell J. released his (initial) costs decision in May 2010, directing that each party should bear their own costs in light of the novelty of the issues relating to preferable procedure.