What are the costs of enforcement proceedings and is any kind of costs recovery available for successful parties? Is there a procedural mechanism enabling or requiring security for costs?

Intellectual Property

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The cost of enforcement proceedings will vary, depending on the nature and complexity of the case.

For civil court and arbitration proceedings, a successful party may recover its costs from the losing party, although the quantum of the costs recovered is at the discretion of the court/tribunal and often does not cover all the legal costs and disbursements incurred.

A defendant can invoke the court's jurisdiction under Order 23 of the Rules of Court for security of costs to be ordered, if the court finds it just to do so.

Updated: May 23, 2017