The appellant sought leave to appeal a trial judge's order awarding wasted costs against him and his counsel personally, following an adjournment necessitated by counsel's failure to respond to Requests to Admit.
The appellant's counsel argued he was not given proper notice that costs might be awarded against him personally.
The Divisional Court dismissed the motion for leave, finding that the solicitor had objective notice of the possibility of personal costs and was given a full opportunity to be heard.
The trial judge made no error in principle in exercising her discretion.
