BRILL v BRILL, 2017 ABCA 235

strekaf jA

14.5: Appeals only with permission

Case Summary

The Plaintiff sought permission to appeal a Costs Award pursuant to Rule 14.5(1)(c) following an unsuccessful Application to oppose an accelerated Trial related to child custody.

Strekaf J.A. noted that the test for permission to appeal a Costs Award under the former appellate Rules continues to apply under the current Rules. Permission should be granted sparingly. The purpose of the predecessor of Rule 14.5(1)(c) was “to bring finality to cost orders and to conserve this Court’s time by screening out hopeless appeals on the issue of costs alone”. Justice Strekaf noted that the standard to be applied when reviewing a Costs Award is “highly deferential”, and concluded that the Chambers Judge properly awarded the Costs of the Application to the successful party.

In the result, Justice Strekaf dismissed the Application for leave to appeal, upholding the Chambers Judge’s Decision that Costs of the Application should follow the event, not in the cause.

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