Duhaime's Law Dictionary


Costs in any Event of the Cause Definition:

An entitlement to costs of an interlocutory application regardless of the ultimate result of the main action.

Related Terms: Costs, Party and Party Costs, Costs in the Cause

An award of costs usually made in tertms of an interim or interlocutory application which assigns costs of the application to one or the other of the parties not as following the event (to the grand winner go all the costs) but severed from the main cause and payable in any event.

In Storr, Justice Richard wrote:

"When the Court directs that the costs of an interlocutory proceeding are given to a named party in any event of the cause it means that the named party is entitled to the costs in question regardless of the final result of the action as to costs."

In this, the award of costs in any event of the cause excises costs of the particular interlocutory hearing from the general rule as stated in Huet v Lynch, where Justice Rook of the Court of Queen's Bench wrote:

"[S]ubject to the Court’s discretion, the winner of the law suit receives cost for all interlocutory steps, regardless of who was successful on those individual interlocutory steps, unless the Court had awarded costs for that step in any event of the cause."

Costs in any event of the cause are not necessarily payable right away. As the Alberta Court of Appeal wrote in 566320 Alberta Ltd.:

"The issue here is whether an order that costs are payable to a party in any event of the cause, or its shorthand version, in any event, means the costs are payable at once or only at the conclusion of the action. The direction does not specify when the costs are to be paid, however the commonly-understood meaning of the phrase is that the costs so ordered are taxable and payable only at the conclusion of the litigation when the overall costs of the matter are dealt with. In our view that is the proper meaning of an order that costs are payable to a party in any event of the cause or in any event."

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