The appellant appealed a conviction under the Provincial Offences Act.
On the scheduled appeal hearing date, the appellant's counsel requested an adjournment without prior notice to the Crown prosecutor, who had interrupted her vacation to attend.
The trial judge, of his own initiative, asked the Crown if it wished to apply for costs and ordered the appellant's counsel to pay $500 in costs personally, characterizing the conduct as showing reckless disregard.
The Court of Appeal allowed the appeal and vacated the costs award, finding that while the conduct was inconsiderate and worthy of adverse comment, it did not meet the high threshold for a personal costs order against counsel.
