CARROLL v ATCO ELECTRIC LTD, 2018 ABCA 186
WatsoN, Veldhuis and Crighton JJA
4.29: Costs consequences of formal offer to settle
14.88: Cost awards
The Respondents were successful in responding to an Appeal by the Appellant, Carroll. The Respondents applied to the Court seeking directions regarding the Costs of the Appeal following the offer made in writing to the Appellant to consent to a discontinuance of the Appeal without Costs. The Respondent applied under Rules 4.29 and 14.88(3) seeking double Costs for the Appeal due to the offer.
The Court held that under the circumstances, the Respondent should receive double Costs for the Appeal starting from the day that the Offer was made. However, the Court limited the counsel fee to a single counsel for the Respondent.View CanLII Details