CG v RH, 2015 ABQB 99


10.29: General rule for payment of litigation costs
10.30: When costs award may be made
10.31: Court-ordered costs award
10.33: Court considerations in making costs award

Case Summary

The Applicant wife was successful at Trial where the Court determined primary care of the parties’ children, mobility, and child support. Both parties made submissions with respect to Costs. Dario J. noted that Rules 10.29 and 10.30 through 10.33 applied to the determination of Costs. Justice Dario considered the enumerated factors outlined in Rule 10.33 in making the Costs determination pursuant to Rule 10.31. Her Ladyship considered the Respondent husband’s conduct throughout the proceedings, in addition to the complexity of the issues at Trial. The Respondent had failed to provide required disclosure and was unwilling to provide Undertakings or answers during Questioning, which required re-attendance. Further, the Respondent intentionally misled the Court and created delay to the Action. Ultimately, the Court awarded Costs to the Applicant in the amount of $60,000.

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