Can a respondent bring a cross-appeal on costs before the main appeal is heard?
British Columbia, Canada
The following excerpt is from Smithies Holdings Inc. v. RCV Holdings Ltd., 2016 BCCA 311 (CanLII):
On the other side is Popat v. MacLennan, 2015 BCCA 198, in which the respondent brought a cross-appeal on costs before the main appeal was heard. Mr. Justice Harris concluded the order of special costs was related to the conduct of the petition that led to the order appeared as of right. He said:
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