The Plaintiff was awarded damages for the breach of a right of first refusal by some of the Defendants after a three-week Trial. Costs of the Trial were awarded after the substantive Decision was issued and after an Appeal of the substantive Decision was filed. Following the Appeal, three of the Defendants (the “Applicants”) filed two separate Applications at the Court of Appeal for permission to appeal the Costs Award.

Strekaf J.A. referred to Rule 14.5(1)(e) and confirmed that permission is not required to appeal a Costs Award if a related substantive Decision is also being appealed, even in a case where the Costs Award was delivered separately from the substantive Decision, and the Appeal of the Costs Award is not being heard at the same time as the Appeal of the substantive Decision. Justice Strekaf granted the Applications.