The appellant law firm appealed an order requiring it to pay costs personally under Rule 57.07.
The application judge found that the solicitors' conduct caused inordinate and unnecessary delay, particularly during the enforcement stage, and resulted in wasted court time due to non-appearances, disregarded court orders, and lack of preparation.
The Court of Appeal dismissed the appeal, holding that a holistic, after-the-fact examination of the entire course of litigation is appropriate for assessing a solicitor's conduct under Rule 57.07, and that there was ample basis for the application judge's findings.
