Is this application to have costs in the trial court considered by the panel hearing the appeal?
British Columbia, Canada
The following excerpt is from BMF Trading v. Abraxis Holdings Ltd., 2003 BCCA 471 (CanLII):
The decision in Webb v. Attewell, supra, in particular, paragraphs 7 through 15, suggests to me that this application ought to be referred to the panel hearing the appeal. The judges hearing the appeal will be in the best position to give directions as to when and how the issue of costs in the trial court is to be addressed.
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