What is the test for applying for leave to seek costs at the Court of Appeal?
Alberta, Canada
The following excerpt is from Roman Catholic Bishop of the Diocese of Calgary v. Canada (Attorney General), 2009 ABQB 231 (CanLII):
Here, the applicant essentially re-argues its case for costs which was unsuccessful in the first instance. Costs are discretionary and leave is not granted merely to provide a forum to repeat the same arguments. The applicant bears a significant burden: Miller v. Miller [2000] A.J. No. 1297.
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