ACT FOR COMMUNITY SOCIETY v EDMONTON (CITY), 2016 ABQB 516

BELZIL J

4.22: Considerations for security for costs order
4.23: Contents of security for costs order

Case Summary

The Applicant, ACT for Community Society (“ACT”) applied for Judicial Review of the decision by the City of Edmonton to develop lands into affordable housing. The Respondents, including the City and the developers of the project, cross-applied for Security for Costs pursuant to Rules 4.22 and 4.23. Justice Belzil noted that Security for Costs Orders are discretionary; therefore, Rule 4.22 requires the Court to consider all relevant circumstances. No one factor is determinative.

Justice Belzil noted that the Respondents would not be able to enforce any Order for Costs against ACT in excess of $10,000. The proceedings were in the preliminary stages, and given the number of issues unresolved, there would likely be multiple Applications going forward. As such, Security for Costs was granted in the amount of $10,000 to each of the Respondents, for a total of $30,000.

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