The appellants sought to introduce fresh evidence containing serious allegations regarding the conduct of the respondents' trial counsel.
The respondents' counsel, who also appeared on the appeal, failed to file a factum or responding material and sought an adjournment to challenge the fresh evidence, conceding his inexperience and lack of judgment.
Given the serious nature of the allegations, the Court of Appeal granted the adjournment and ordered the respondents to pay the appellants $2,500 in costs thrown away.
