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  • in the cause

    Could anyone explain, please what does this phrase mean:
    "Cost of the application shall be in the cause".
    Thank you.

  • #2
    malvina,

    "Cost of the application shall be in the cause".
    that certainly isn't plain English in layman's terms and is difficult to interpret without knowing the background, but I'll take a shot - I could be wrong.

    If it is pertaining to a motion, hearing and or application , I seem to think that a party was asking for costs if they are successful in same.

    lv

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    • #3
      This phrase is from the court order that followed my ex's notice for motion. In the motion my ex's asked among other things that I paid for the "cost of this application". I am trying to understand who is going to pay for the cost of this application according to the court order phrase - my ex or I?

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      • #4
        malvina,

        I seem to think that the successful party at the motion was entitled to costs and whichever party caused the motion to come through their actions or conduct may have had costs awarded against them.

        Normally the court asks for each party to make written submissions of costs and copies of any written offer to settle.

        Often there are more than one issue to settle at a motion and if success was divided courts sometimes award no costs in this scenario.

        If one party acts unreasonable or in bad faith, regardless of their success, courts do have the discretion to award costs against them.

        lv

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