COST BITES 305: THE JUDGE WAS WRONG TO AWARD COSTS AGAINST A PARTY WHEN TWO ACTIONS WERE “JOINED” AND NOT “CONSOLIDATED”: AN IMPORTANT DISTINCTION IN THE RULES

We are looking at a case where the appellant was successful in overturning an award for costs made against him in relation to one set of proceedings.  The judgment highlights the important distinction between "joinder" and "consolidation".  That distinction can be crucial to the question of liabilit...