June 27, 2018
In Pan Afric Holdings and The Executive Inn Hotels General Partnership v. Athabasca Holdings Ltd., 2018 BCCA 257, the Court of Appeal ordered that the appellants receive their costs of the appeal and of the application in the court below, which was set aside on appeal. The Court’s supplemental reasons were handed down after the respondent sought an order that the parties bear their own costs on the basis that a position taken by the appellants in reply raised a new issue on the appeal. The Court held that what the respondents claimed was a new issue was a relatively minor aspect of the basis on which the appeal was allowed. Given this, and the fact that the appeal led to the order in the court below being entirely set aside, the appellants were awarded their costs at both levels of court. More information on the underlying appeal can be found here.