DB v KB, 2024 ABKB 622

FRASER J

10.33: Court considerations in making costs award

Case Summary

The Court addressed Costs following the dismissal of DB’s unsuccessful Appeal of a Costs Order in a family law Trial. The Court emphasized the Rule 10.33 factors relevant to awarding costs, particularly subsections 10.33(2)(a) and 10.33(2)(b), which address the conduct of the parties and complexity of the proceedings.

The Court found DB’s conduct aggravating, noting that he knowingly misled the Court about his failure to obtain leave for the Appeal, caused unnecessary delays, and increased costs for the Respondent. Despite an earlier opportunity to resolve the matter through an informal offer, DB pursued the Appeal, which ultimately yielded a less favourable outcome. Considering these factors, the Court awarded the Respondent $10,000 in Costs. The amount exceeded the Schedule C baseline and reflected DB’s conduct in the proceedings.

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