ENVIRO TRACE LTD v SHEICHUK, 2015 ABQB 28

VEIT J

10.29: General rule for payment of litigation costs

Case Summary

The Plaintiff was successful in obtaining an interlocutory injunction against the Defendants. The Plaintiffs sought the immediate payment of Costs; the Defendants argued that Costs should be in the cause. Veit J. noted that success on an Application for an injunction is more than “mere success in establishing a holding pattern until trial” and concluded that “costs for interlocutory injunctions should generally be paid forthwith”. Her Ladyship stated that awarding Costs to be payable forthwith conformed to the policy which underpinned Rule 10.29(1), which was a continuation of former Rule 607: unless otherwise ordered, Costs are payable forthwith by the unsuccessful party in all interlocutory proceedings. Veit J. awarded Costs payable forthwith to the Plaintiff.

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