Chad Johnson

The appellants appealed an order of a motions judge awarding costs of an interlocutory injunction motion to the respondents, payable within 30 days.

The appellants argued that, following established principles, costs of an interlocutory injunction should typically be reserved to the trial judge.

The Divisional Court dismissed the appeal, holding that Rule 57.03(1) of the Rules of Civil Procedure preserves the motions judge's residual discretion to fix costs payable forthwith.

The court found the motions judge reasonably exercised her discretion based on the appellants' conduct, including unauthorized cashing of cheques and retention of property.

The defendants sought leave to appeal an order requiring the payment of costs forthwith following the granting and continuance of an ex parte injunction against them.

The court granted leave to appeal, noting that recent changes to Rule 57.03(1) of the Rules of Civil Procedure and the unique nature of interlocutory injunctions warranted appellate consideration on how discretion should be exercised in awarding costs in such cases.