What is the test for an application for leave to appeal against a finding that the respondent should pay the respondent's costs of the appeal?
Saskatchewan, Canada
The following excerpt is from Steiman v. Cote (Rural Municipality), 1939 CanLII 177 (SK CA):
The respondent’s counsel has asked that leave to appeal, if granted, should only be allowed on condition that the applicant should undertake to pay the respondent’s costs of the appeal in any event as was done in Owens v. Liverpool Corpn., 108 L.J.K.B. 155, at 158, [1939] 1 All E.R. 727, at 731, but I think the better direction will be to leave the costs of the application to be disposed of on the determination of the appeal. As time for appeal expired on March 25, the same shall be extended for two weeks from that date.
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