Daniel Royer

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.

The appellant was convicted of first degree murder at trial.

The Court of Appeal set aside the conviction due to a fatally flawed jury charge and substituted a conviction for second degree murder.

The Supreme Court of Canada agreed that the jury charge was flawed, specifically regarding the strict causation requirement under s. 231(5) of the Criminal Code.

However, the Court held that the Court of Appeal erred in substituting a verdict, as another verdict might be reasonable.

A new trial on the original indictment for first degree murder was ordered.