The appellant, a bookstore catering to the gay and lesbian community, sought advance costs to fund litigation against Customs regarding the detention of four books and a systemic review of Customs' practices.
The Supreme Court of Canada dismissed the appeal, holding that the case did not meet the strict requirements for an advance costs award established in Okanagan.
The Court found that the four books appeal was too narrow to constitute special circumstances of public importance, and the systemic review was an unnecessary expansion of the litigation.