paperny, slatter and mCdonald jja

9.2: Preparation of judgments and orders
13.5: Variation of time periods
14.88: Cost awards

Case Summary

The Parties applied for directions concerning the form of the Formal Judgment to be entered following Appeal, as well as the Costs consequences of the Appeal.

The Court of Appeal noted the default Rule under Rule 14.88 that Costs of an Appeal follow the result at the same scale as that awarded at the Trial Court. Further, the Information Note to Rule 14.88 states that a request for specific direction to Costs must be made within two months of the pronouncement of the Decision. The request for a ruling on Costs in this instance was received eight months after Reasons for Judgment in the Appeal were filed. The Court observed that the two month time limit in the Information Note can be relaxed pursuant to Rule 13.5(2), however, the Appellant’s assertion that the delay was caused by the Respondent’s Leave to Appeal to the Supreme Court of Canada was not a sufficient reason to delay finalizing the proceedings. Regardless of the outcome in the Application for Leave, the proceedings must be finalized in the Court of Appeal.

Because the time limit for seeking direction with respect to Costs had expired, the Costs of the Appeal must be assessed solely on the presumptions in the Rules, which is that the successful Appellant is entitled to their Costs on the applicable column in Schedule C. The Court granted permission under Rule 9.5(2) to enter the Judgment.

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