Habitat for Humanity v. Booth

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca368, 2026 bcca 368 (canlii), 2026, bcca, 368, (canlii), ca50575, 2026, procedure, costs, court of appeal act, s. 44, whether there is a principled basis to depart from the usual rule that the successful party is entitled to costs, burden on the person seeking to displace the rule, authorities cited, monster energy company v. craig, catalyst paper corp. v. companhia de navegação norsul, giles v. westminster savings and credit union, application granted, procedure, costs on appeal, successful party, court of appeal act, s. 44, whether the court should depart from the usual rule that a party successful on an appeal is entitled to costs of the appeal, respondent sought an order that the parties bear their own costs, insufficient basis to order otherwise, costs awarded, procedure, costs in the court below, allowed appeal, whether the successful appellant is entitled to costs in this court and in the court below when an appeal is allowed and the appellant’s position from the start of the proceedings is confirmed, usual rule applied, cowichan valley (regional district) v. cobble hill holdings ltd., costs in both levels confirmed, procedure, departure from costs rule, distinguishing precedent, whether monster energy company v. craig supports an order that each party bear their own costs despite success on appeal, independent witness circumstances contrasted with respondent initiating proceedings, no basis to depart from the usual rule, application granted, procedure, discretion on costs, financial burden and institutional interests, whether “systemic institutional interests” and financial burden justify denying costs at one or both levels of court, court declined to characterise costs as an unfair financial penalty, purposes of costs rules included indemnifying successful parties and deterring unmeritorious proceedings, costs awarded at both levels