The appeal addressed when a court may award costs personally against defence counsel in criminal proceedings for abusive litigation conduct.
The Court held that personal costs orders are available in criminal matters but only exceptionally, where deliberate conduct seriously undermines court authority or the administration of justice.
It emphasized procedural safeguards, including notice and an opportunity for separate submissions, and cautioned against deterring robust defence advocacy.
Applying that framework, the majority restored the trial-level personal costs award after finding a calculated, bad-faith use of prohibition motions to delay proceedings.
