DL v KS, 2020 ABQB 271


4.29: Costs consequences of formal offer to settle
10.29: General rule for payment of litigation costs
10.31: Court-ordered costs award
10.33: Court considerations in making costs award

Case Summary

This was an Endorsement regarding calculations following a Decision arising out of a number of Applications relating to child support and parenting issues. Justice Grosse also made determinations regarding Costs in the Endorsement.

Both parties sought enhanced Costs. Her Ladyship noted that pursuant to Rule 10.31, Costs are awarded at the discretion of the Court. According to Rule 10.29, a successful party is generally entitled to Costs from an unsuccessful party. In making a Costs Award, Rule 10.33 sets out a number of factors that the Court may consider. Additionally, Rule 4.29 addresses Costs after a Formal Offer to settle has been made.

Justice Grosse noted that there had been mixed success on one of the Special Applications,  and the Respondent had been unsuccessful on the cross-Application. Her Ladyship explored the relevant timeline of events and noted that the Respondent had made a Formal Offer to settle which came close to the actual result, however, the Applicant was ultimately awarded more than was offered. Justice Grosse noted that the doubling provisions of Rule 4.29 were not triggered, but still considered the fact that the Respondent had attempted to resolve litigation through making a Formal Offer. Further, Her Ladyship did not accept the Applicant’s argument that the Respondent’s misconduct in the litigation warranted elevated Costs.

After reviewing each party’s conduct and success on various points, Justice Grosse held that a Costs award of $867.22 was payable by the Respondent to the Applicant.

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