The appellant sought an adjournment of the appeal to allow newly retained counsel to review the file and prepare a new factum focusing on the mental impairment issue, which had not been addressed by the trial judge.
The respondent opposed the adjournment but offered alternative conditions including payment of costs thrown away.
The court granted the adjournment on conditions including payment of costs within 14 days, counsel going on record within one week, and filing of a new factum within 30 days.