What is the legal test for solicitor-and-client costs in reinstatement applications?
Newfoundland and Labrador, Canada
The following excerpt is from Performance Factory Inc. v. Atlantic Insurance Company Limited, 2012 NLCA 15 (CanLII):
Atlantic seeks its solicitor-and-client costs. Rule 57.20(8) provides that solicitor-and-client costs may be awarded to a respondent when the appellant succeeds in having its appeal reinstated. Solicitor-and-client costs are usually awarded only in cases of “reprehensible, scandalous or outrageous conduct” (Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at p. 139), although it is arguable that the specific provision for solicitor-and-client costs in rule 57.20(8) suggests a lower standard for such an award in reinstatement applications.
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