Not that it matters much, but that is kind of lame to me. Why spend more money for litigation on appeal just to have to pay more to Crystallex as well? Logically to me just because you appeal would not influence whether the original action was frivolous or not. But I am not an attorney nor knowledgeable of Canadian Law. Which gets me back to it doesn't matter much as long as the appeal is denied. One thing that has changed since the original ruling is Crystallex's statements regarding a going concern. Of course, that is different than control of the project which this litigation is founded upon.