The Plaintiff gun club applied for a stay of the Defendant Appeal Board’s Decision, and various individuals applied to be added as Respondents. The Plaintiff’s Application was dismissed, and the other Applications were unopposed and were therefore granted. The Parties returned before the Court of Appeal after counsel could not agree on the terms of two Orders resulting from the earlier Applications. The Orders did not determine Costs.

Bielby J.A. noted that Rule 14.88 provides that, “unless otherwise ordered, the successful party in an appeal or an application is entitled to a Costs award against the unsuccessful party”. Justice Bielby reviewed the Applications and noted that each of the Applications raised several issues. The Respondents had achieved success, and there was no adequate reason to vary the presumptive operation of Rule 14.88. Bielby J.A. awarded Costs plus reasonable disbursements to the Respondents.