Smith v. Shaw

No subpoenas issued and no witnesses to subpoena, do not necessarily imply that no costs had accrued. There might have been the costs of a brief for the trial and of preparing papers for this very motion, which should have been tendered.

Sutherland, J. dissented. He thought, that under the circumstances, the party applying should have shewn affirmatively, that costs had, in fact, accrued.

Motion granted.