CENTRAL ALBERTA RURAL ELECTRIFICATION ASSOCIATION LTD v FORTISALBERTA INC, 2013 ABQB 191

VELDHUIS J

10.29: General rule for payment of litigation costs
10.3: Lawyer acting in representative capacity
10.31: Court-ordered costs award
SCHEDULE C: Tariff of Recoverable Fees

Case Summary

In this case, the Court provided its Decision on Costs stemming from an unsuccessful Application for Leave to Appeal of an Arbitral Award. Veldhuis J. stated that the general rule for Costs, pursuant to Rule 10.29, was that the successful party is entitled to Costs. Veldhuis J. further relied on the factors outlined in Rule 10.33 for determining an appropriate value for Costs, and stated that the number of grounds appealed by the Applicants was considered an important factor. Since the matter did not have a monetary value attached to it, the appropriate Schedule C column was determined by considering the importance of the Appeal to the parties and the potential financial result a successful Decision would have. Because the matters were important, and a favourable Decision was estimated to have a value of at least $500,000.00 to each party, the Court held that Column 4 of Schedule C should apply. Veldhuis J. also held that the complexity of the matter justified granting Costs in the nature of an appearance before an Appeal Court. The Respondent was awarded Party-Party Costs in the amount of $12,750.00, pursuant to Column 4 of Schedule C.

View CanLII Details