The appellant, Lafarge Canada Inc., sought a Bullock order regarding costs.
The Court of Appeal declined to make the order, noting that the appellant should have known the inclusion of the successful insurers as respondents on the appeal was unnecessary, as evidenced by the appellant abandoning the appeal against most of them at the end of oral argument.
The Court requested further submissions on whether the successful insurers should receive partial or substantial indemnity costs and whether costs should be fixed or assessed.