ALANEN v ELLIOTT, 2019 ABCA 290
14.5: Appeals only with permission
The Applicant sought permission to appeal a Decision of the Court of Queen’s Bench declining to set aside an interim arbitration award of Costs.
The Court reasoned that Costs Decisions are discretionary and are afforded deference on review, and therefore permission to Appeal Costs Decisions under Rule 14.5(1)(e) should be granted sparingly. This result was noted to be consistent with the test for permission to Appeal a Costs award established under the former Rules, which remains persuasive.
Upon engaging the analysis called for by Rule 14.5(1)(e), Justice Hughes found that the Applicant, having admitted that the Costs award caused no financial hardship, failed to prove that the issues were important (both to the parties and in general) and that the Appeal had practical utility. Her Ladyship denied permission to Appeal the Costs Decision.View CanLII Details