What are the grounds of appeal for reinstatement in a Notice of Appeal?

The Notice of Appeal filed December 16, 2003 raised a number of grounds of appeal. However, on this application for reinstatement only two grounds are argued: whether the trial judge correctly applied the law respecting vicarious liability and whether, in the circumstances of the case, an award of costs against an unsuccessful plaintiff was proper. The oral submissions centered on the vicarious liability issue. Consideration of the factors enunciated in Law Society of Newfoundland v. Fahey Whether there is an arguable case