BARKWELL v MCDONALD, 2023 ABCA
SLATTER, CREIGHTON AND PENTELECHUK JJA
10.33: Court considerations in making costs award
The Parties submitted written Briefs on Costs following an earlier Decision of the Court of Appeal. Specifically, the Parties are a divorcing couple, and a dispute arose related to the family property division. The Court of Appeal noted that a review of Costs necessitates the consideration of the factors enumerated at Rule 10.33. The Court of Appeal considered each of factors in turn and ultimately concluded that the outcome of the litigation placed the dispute within Column 4 of Schedule C.
Further the Court of Appeal noted that the Respondent was the successful Party at Trial, while the Appellant was the successful Party on Appeal. As a result, the Court of Appeal found that the various Orders of Costs may be set off against each other.View CanLII Details