- Parties: The appellant was His Majesty the King. The respondent was Margorie Hudson. The interveners were Geoffrey Greenwood and Todd Gray.

- Subject Matter: The appellant filed a motion under r. 397(2) of the Federal Courts Rules, SOR/98-106 to set aside the parts of the court’s judgments and reasons dated Feb. 20, 2024 dated Feb. 20, 2024 that ordered them to pay costs. The appellant asked the court to substitute the words “with costs” with the words “without costs”. The appellant relied on r. 334.39, which displaced the court’s broad discretion as to costs with a presumptive “no costs” approach to class proceedings, subject to certain exceptions. The respondents in two cases – the Pierrot case (A-15-23) and the Hudson case (A-16-23) – did not mention costs in their court submissions.

- Ruling: The appeal court ruled in the appellant’s favour. It allowed the motion, deleted “with costs”, and replaced them with “without costs”. The appeal court ruled that r. 334.39(1) applied to the Hudson parties. As for the Pierrot case, the appeal court found that it would be inappropriate to depart from the “no costs” regime even though r. 334.39(1) was not strictly engaged in connection with the parties, given the reasons for staying the matter.

- Date: The hearing was set on Oct. 11, 2023. The court released its decision on Mar. 22, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.