The appellant appealed the dismissal of his application for declaratory relief under the Charter and the award of substantial indemnity costs against him.
The Court of Appeal dismissed the appeal on the merits, agreeing with the application judge that the doctrine of collateral attack was a complete answer to the application.
However, the Court granted leave to appeal the costs award and allowed that portion of the appeal, finding no basis for substantial indemnity costs.
The costs award was reduced to partial indemnity, and the respondents were awarded $5,000 in costs for the appeal.
