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Este v. Esteghamat-Ardakani, 2021 BCCA 78

In this case, Ken McEwan, Q.C., Emily Kirkpatrick and Kyle Thompson, on behalf of the appellants, successfully obtained a costs award and opposed the respondent’s request for reconsideration of the appeal in Este v. Esteghamat-Ardakani, 2020 BCCA 202. The appellants argued that there was no procedural or substantive basis to reconsider the prior appeal, while the respondent alleged various errors of fact and law that required reconsideration. The Court of Appeal held that that the appellants were correct and denied the respondent’s request, finding that it would not be in the interests of justice to receive it. The Court of Appeal also awarded the appellants their costs of the appeal and remitted the issue of costs of the underlying application to the court below. The Supreme Court of British Columbia will now determine those costs on the basis that the respondent’s underlying application has been refused, as a result of the successful appeal. Read the Court of Appeal decision: Este v. Esteghamat-Ardakani, 2021 BCCA 78.

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