Ripudaman Singh Malik was acquitted in the "Air India Trial". Malik spent four years in custody prior to the acquittal. The trial cost his approximately $9.2 million. After his acquittal Malik sought to have the Crown reimburse these costs.

Malik argued, inter alia, that the remarkable, unique and exceptional nature of the case together with the following two factors warrant the order of costs against the Crown:

First, that the Crown knew or ought to have known that the evidence of a central witness in the case against him was not credible. 

Second, that CSIS, in an act acknowledged by the Crown to have been "unacceptable negligence", erased certain surveillance intercept tape recordings.

Josephson J dismissed the application: 2012 BCSC 1002.