ATTILA DOGAN CONSTRUCTION v AMEC AMERICAS LIMITED, 2012 ABCA 379
BERGER, MARTIN AND O'FERRALL JJA
5.2: When something is relevant and material
5.6: Form and contents of affidavit of records
10.29: General rule for payment of litigation costs
10.31: Court-ordered costs award
10.33: Court considerations in making costs award
In this Appeal the Court upheld the Case Management Judge’s Decision to impose additional Security for Costs to account for the expense of translating some 25,000 documents from Turkish to English.
In response to a challenge under Rule 5.2, the Court noted that “notwithstanding that the disclosure of a document is not an acknowledgement of its relevance or materiality”, in accordance with Rule 5.6, “the disclosing party still has the obligation to assess what records it considers may be or are relevant and material”. Counsel have an obligation to make a prima facie determination of relevance and materiality guided by Rule 5.2.
The Court also noted that the general rules governing Costs, found in Rules 10.29, 10.31 and 10.33, enable the Court to “order any reasonable and proper cost that a party incurs to carry on an action payable to the other side”. This could include Costs for translation if a Trial Judge deems it appropriate.View CanLII Details