R. v. Guidry (J.B.), [1966] N.B. Law News No. 37 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: August 09, 1965
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 37 (CA)

R. v. Guidry (J.B.), [1966] N.B. Law News No. 37 (CA)

MLB Law News

Her Majesty the Queen (appellant) v. Joseph Burton Guidry (respondent)

(Archives RS43/1965)

Indexed As: R. v. Guidry (J.B.)

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Ritchie and Limerick, JJ.A.

August 9, 1965.

Summary:

Costs Awarded Against Crown - Appeal by Crown dismissed because of failure of Crown to prove an essential ingredient of offence and costs awarded against Crown by all three judges. Ritchie, J., awarded costs on common law rule which allows costs against the Crown in exceptional circumstances. Ritchie, J., held further that the common law rule is hopelessly out of date and that New Brunswick should follow the modern Ontario cases restating the rule. Bridges, J., awarded costs against Crown because "justice requires it" and referred to The King v. Ed (1927) 53 N.B.R. 294. Limerick, J., awarded costs against Crown quoting Order 58, rule 4 of the Rules of Court.

Criminal Law - Topic 4591

Procedure - Costs - Against the Crown - See paragraphs 1-28.

Counsel:

E.D. Westhaver, for the Crown/appellant;

James D. Harper, for the respondent/accused.

This appeal was heard before Bridges, C.J.N.B., Ritchie and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division. The following decision was delivered by the court on August 9, 1965 including the following opinions:

Ritchie, J.A. - see paragraphs 1-10;

Limerick, J.A. - see paragraphs 11-28;

Bridges, C.J.N.B. - reasons unavailable.