The Supreme Court of Canada allowed an appeal and restored the trial judge's judgment with costs throughout.
The trial judge subsequently ordered that the costs of the appellate proceedings be assessed on a 'risk plus premium' basis.
The appellant appealed this costs order.
The Court of Appeal allowed the appeal, holding that the trial judge lacked jurisdiction to order costs of appellate proceedings on a particular basis, as section 47 of the Supreme Court Act gives the Supreme Court express authority to award costs of the appeal.
