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ARTICLE · 29 OCTOBER 2014

KDS v. Aamazing Technologies Inc.: Leave Not Required When Order Extends Beyond Costs Consequences

Osler, Hoskin & Harcourt LLP
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Section 133(b) of Ontario’s Courts of Justice Act states that leave to appeal is required "where the appeal is only as to costs that are in the discretion of the court that made the order for costs."

CanadaLitigation, Mediation & Arbitration
Mark Gelowitz
Mark Gelowitz
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Section 133(b) of Ontario's Courts of Justice Act states that leave to appeal is required "where the appeal is only as to costs that are in the discretion of the court that made the order for costs." The Ontario Court of Appeal's September 25, 2014 decision in KDS v. Aamazing Technologies Inc. confirms that leave is not required to appeal if  the order appealed from also affects substantive rights of a party. In doing so, the Court also gave helpful guidance regarding when appeals should be heard together, and when security for costs should be ordered on an appeal.

The case emerged from complicated litigation, a different aspect of which has previously been discussed on this blog, and which has spanned across Taiwan, Hong Kong, California and Ontario.

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