Operational Costs Apportionment in Appellate Proceedings

[47]

47.1 For purposes of paragraphs 47.2 to 47.6, "Operational Costs" has the same meaning as that defined in Rule 54.

47.2 Operational Costs in appellate Proceedings are to be apportioned by the Appellate Panel with a view to discouraging non-meritorious appeals.

47.3 Where an appeal is unsuccessful, Operational Costs shall ordinarily be borne by the Appellant.

47.4 Where an appeal is successful, Operational Costs shall ordinarily be divided equally between the Appellant and Respondent.

47.5 Notwithstanding paragraphs 47.2, 47.3 and 47.4, the Appellate Panel may apportion Operational Costs between the Appellant and Respondent differently where justified by other relevant considerations, including the procedural conduct of an Appellant or Respondent or the extent of an Appellant’s or Respondent’s success. For greater certainty, the Appellate Panel may make an award of Operational Costs where an appeal is discontinued.

47.6 If there are one or more Intervenors in an appeal, Operational Costs may also be apportioned among Intervenors commensurate with the Operational Costs incurred as a result of their participation, but in no instance shall Intervenors collectively be responsible for more than one-third of Operational Costs.