Does counsel for the respondent have to pay the costs of the trial aborted by our order?
British Columbia, Canada
The following excerpt is from De Araujo v. Read, 2005 BCCA 252 (CanLII):
We have not been asked to consider ordering counsel for the respondent personally to pay the costs of the trial aborted by our order. Therefore, following the decision in Brophy v. Hutchinson, 2003 BCCA 21, we think the appropriate order is that the respondent shall pay the costs of the trial thrown away. Of course, the appellant will also recover his appeal costs.
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