This is an Application for Costs by the Plaintiff in a family matter. Citing Shaw v Shaw, 2014 ABQB 165 and Cador v Chichak, 1998 ABQB 881, Leonard J. commented that Costs in family law matters normally follow the same principles applicable to other litigation.

Leonard J. further commented that Rule 10.29 confirms the general rule that a successful party is entitled to Costs against the unsuccessful party, subject to the Court’s general discretion. Leonard J. further noted that, pursuant to Lameman v Alberta, 2011 ABQB 532, a Trial Judge’s discretion must be exercised judicially and in accordance with established principles.

Leonard J. cited McAllister v Calgary (City of), 2021 ABCA 25 for the Costs assessment framework, and commented that the starting point in making a Costs Award is to look at the factors outlined in Rules 10.33(1) and 10.33(2). After the factors under Rule 10.33 are considered, the Court is directed to Rule 10.31, which provides options for making Costs Awards. A successful party is entitled either to reasonable and proper Costs, as set out in Rule 10.31(1)(a), or to any other amount the Court considers appropriate in the circumstances, as set out in Rule 10.31(1)(b).

Leonard J. considered the applicable factors under Rules 10.33(1) and 10.33(2). Specifically, the Plaintiff’s substantial success, the complexity of the claim, the importance of the issues, the apportionment of liability, the conduct of the parties, as well as the Plaintiff’s misconduct.

When considering the amount of Costs that should be paid by the Defendant to the Plaintiff under Rule 10.31, Leonard J. commented that it is important that the Costs awarded be balanced; while the Costs Award must reflect the factors set out in Rules 10.33(1) and 10.33(2), it must also not overly penalize the Defendant. To strike an appropriate balance, Leonard J. awarded Costs against the Defendant under Schedule C, Column 3.