Counsel for the appellants failed to appear at the scheduled hearing of the appeal, and the Court proceeded to hear oral argument from the respondent only.
The appellants subsequently brought a motion for a re-hearing, claiming they were not notified of the hearing date.
The Supreme Court of Canada held that it is counsel's duty to ascertain inscribed hearing dates, not the Court's duty to inform them.
However, as a matter of indulgence and noting the unusual circumstances, the Court granted the re-hearing, ordering costs of the missed hearing and the motion to be paid personally by the appellants' counsel.
