The parties applied for directions from the Court with respect to the Costs consequences of an Appeal. Notwithstanding the failure of the parties to seek directions within two months as required by Rule 14.88, the Majority of the Court of Appeal stated that the Appeal did not have the same Costs consequences as a prior Application in the Court of Queen’s Bench. Justice Berger directed that the Defendant was entitled to Costs for second counsel.

Slatter J.A., dissenting, stated that it was too late for parties to seek specific directions on Costs. Although the two month limit could be relaxed under Rule 13.5(2), the parties did not provide any reason for an extension. His Lordship noted that if Costs were not agreed upon, the assessment of the precise amounts should be determined by an Assessment Officer under Rule 10.36. Slatter J.A. noted that the Costs of the Appeal should be assessed based on presumptions of Rule 14.88, subject to limitations found in Schedule C and Rule 14.90(1)(a). Justice Slatter would have dismissed the Application for further directions on Costs due to inordinate delay.