ELFAR v ELFAR, 2013 ABCA 258


10.29: General rule for payment of litigation costs

Case Summary

The successful Respondent to an Appeal sought Costs, as taxed, to be paid by the Appellant. These Costs included the Costs of a successful interlocutory Application in the Court of Appeal for Security for Costs. The Justice who heard the Security for Costs Motion had not made any direction with respect to Costs.

Justice Côté held that where not otherwise provided, the general Rules of Court apply both in the Court of Queen’s Bench and in the Court of Appeal. The Court noted that Rule 10.29 affords each Judge and Assessment Officer discretion, but if that discretion is not exercised, Costs go to the winner. Since no direction was made in this case, the Court held that Costs should go to the winner of the Security for Costs Motion: the Respondent. The Court also noted that where a party obtains a monetary award of a lesser amount than sought, that party is generally taken to have been successful.

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