The appellants appealed a trial judge's decision holding a non-party liable for costs and ordering that the costs of the 45-day trial be fixed rather than assessed.
The Court of Appeal dismissed the appeal, finding that the trial judge correctly applied the test for non-party costs and reasonably concluded that the non-party exercised de facto control over the claim.
The Court also upheld the decision to fix costs, agreeing that the protracted history of the proceeding and the age of the parties made an early resolution imperative.
