Debra M. Haak

The accused, charged with defrauding her employer, brought a motion for the production of financial records from third parties.

The motion was dismissed as a fishing expedition.

The trial judge ordered the Crown to pay half of the substantial costs incurred by the third parties in defending the motion, as the accused was judgment proof.

The Crown appealed.

The Court of Appeal allowed the appeal, holding that there is no statutory or inherent jurisdiction to award costs against the Crown in the trial of an indictable offence absent Crown misconduct or a serious interference with the administration of justice.

The appellant appealed an order of the motion judge.

The Court of Appeal allowed the appeal, finding that the impact of the Stipulated Order on the Amended Plan of Reorganization is a matter to be determined at trial because it turns on questions of foreign law.

The order was varied accordingly, and the parties were ordered to bear their own costs of the appeal.