Background:

• The case involves an application by the appellants’ former lawyer for an order to deposit funds into Court, held as security for costs in relation to dismissed appeals.

Key Legal Aspects:

1. Jurisdiction and Authority: The court had jurisdiction under sections 30(a) and (b) of the Court of Appeal Act to make orders incidental to the appeal.
2. Application Background: The funds in question were security deposits for appeal costs, as ordered by the court, which remained in the lawyer’s trust account after the appeals were dismissed.

Court’s Decision:

• The application was granted, allowing the funds to be paid into Court, recognizing the broad judicial authority to manage appeal-related matters.
• The court noted that the resolution of outstanding trial court issues or the Supreme Court of Canada’s decision on a leave application would not impede the process of assessing and disbursing appeal costs.

Outcome:

• Funds held in trust were directed to be paid into Court totaling $18,415.60, aligning with the procedure for managing appellate costs.
• The court's approach aimed to prevent unnecessary litigation, specifying that no application for payment should be made until the respondents' costs were assessed??.