LYMER v JOHNSON

A Registrar of Bankruptcy held the Applicant, Lymer, in contempt, and the Court of Queen’s Bench and Court of Appeal upheld the Registrar’s finding of contempt on appeal. The Court of Appeal ordered Costs, and an Assessment Officer applied Rule 14.88 and assessed the Costs at the Court of Appeal on the same scale of Costs as those awarded to the Respondents in the Court of Queen’s Bench. The Applicant sought permission to appeal the Assessment Officer’s Decision.

Schutz J.A. noted that the Applicant did not appeal the Court of Queen’s Bench Costs award. Her Ladyship held that the Application was an attempt to impermissibly disturb the operation of Rule 14.88. Justice Schutz observed that:

The assertion that a vexatious litigant finding (later overturned) somehow impacted the Court of Queen’s Bench costs award is an impermissible collateral attack on the costs order. Moreover, a contemnor ought to bear a substantial portion of the costs directly relating to their contempt …

The Assessment Officer correctly applied Rule 14.88; as such, the Application for permission to appeal the Assessment Officer’s Decision was denied.