After commencing lawsuit at a forum where he could afford any adverse costs†, Impoverished Winner won. But the moneyed Loser can afford, and appeals to, a court that can award costs. Winner doesn't want Loser to win on appeal, just because Loser can afford costs.

Winner wants to gainsay Loser on appeal, but how can Winner immunize herself from adverse costs? From the appellate court, can Winner seek "protective costs orders"‡ ? Apply for forma pauperis ?

† One example is Small Claims Court. Second example - "There are no fees at the HRTO." "in the Human Rights Tribunal of Ontario, there is no authority to award costs to a successful party, no matter how frivolous the other party’s position may have been."

Third example - "you don’t need to pay a fee to file a complaint.". "Practically speaking of course, this amounts to the CHRT granting costs, but only in and so far as they constitute "expenses necessarily incurred by a party as the result of abusive or obstructive conduct by an opposing party."
But "An application for judicial review of a Canadian Human Rights Tribunal (CHRT) decision may be made to the Federal Court within 30 days after the decision was first communicated to the Deputy Attorney General of Canada or to the affected parties (Canadian Human Rights Act, RSC 1985, c F-7, s 18.1(2))."

‡ Martin Twigg, "Costs Immunity: Banishing the 'Bane' of Costs from Public Interest Litigation" (2013) 1:1 Dal LJ 193.

  • What do you mean by "appellate costs"? The costs of you responding to/opposing the appeal, or the costs of the appellant in case they win it?
    – Greendrake
    Commented May 4 at 1:47
  • @Greendrake I meant "the costs of the appellant in case they win it". Winner can afford the costs of her "responding to/opposing the appeal", this is NOT what I meant. You have my liberty to edit and improve my post.
    – user109440
    Commented May 4 at 6:46


You must log in to answer this question.

Browse other questions tagged .