Constellation appealed from a procedural order of a Prothonotary staying this application until a determination on the merits is made in the related proceeding in Court File T-1104-15. The main appeal was dismissed, but the Court set aside the costs award and granted Dallevigne its costs based on Column III of Tariff B.
In staying this proceeding the Prothonotary noted that this proceeding was in its early stages while the expungement appeal from T-1104-15 is more advanced, such that it was reasonable to believe that it would be heard on its merits well before the opposition appeal. In the absence of an error, the Court upheld the stay.
However, costs were awarded based on Column V, but it was held that elevated costs are not normally awarded when the facts and legal issues are not complex as in the appeal of the stay order. Thus, costs were awarded under Column III.