ESFAHANI v SAMIMI, 2023 ABCA
PAPERNY, HO AND KIRKER JJA
14.88: Cost awards
The Plaintiff successfully appealed a Court of King’s Bench Order that directed the Defendant’s Application for permission to Appeal an Arbitration Award to be heard at the same time as the Appeal of the Award.
As a result, the Defendant’s Notice of Appeal was suspended until he obtained permission to Appeal. The Defendant failed to take steps to obtain permission to Appeal and his Appeal of the Arbitration Award was therefore deemed quashed.
The Plaintiff sought Costs of the Appeal and submitted a Bill of Costs under Column 1 of Schedule C of the Rules. The Court of Appeal awarded Costs under Rule 14.88, in line with the amounts sought by the Plaintiff in the Bill of Costs. Under Rule 14.88, a successful party in an Appeal is entitled to a Costs Award unless otherwise ordered. The Court of Appeal found no reason why it should order otherwise.
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