In a previous ruling in the Action, the Court of Appeal upheld a Decision not to strike a claim for delay pursuant to either Rule 4.33 or 4.31. This Decision addressed the Cost Award that the Plaintiff was entitled to following the Appeal.

The Court of Appeal first considered Rule 14.88, which is the default Costs rule, and which provides that the successful party in an Appeal is entitled to Costs from the unsuccessful party. Although the Defendants argued that there should be no Costs Award due to the inordinate delay, the Court of Appeal refused to deviate from the default rule. The Court of Appeal also cited Rule 10.30(1), which allows Costs to be spoken to at any time, and awarded Costs for both the Appeal heard at the Court of Appeal and the Appellants’ delay Applications in the Court of Queen’s Bench pursuant to Schedule C.