ET v ROCKY MOUNTAIN PLAY THERAPY INSTITUTE INC, 2016 ABQB 299
10.29: General rule for payment of litigation costs
10.31: Court-ordered costs award
10.33: Court considerations in making costs award
SCHEDULE C: Tariff of Recoverable Fees
Following the Appeal of a Master’s Decision in which the Defendant was successful, Strekaf J. heard the parties’ submissions with respect to Costs. The Defendant, Mr. Kwan, requested solicitor and client Costs in an unspecified amount or, in the alternative, five times Column C in the amount of $30,000. Justice Strekaf noted that Rules 10.29 and 10.31 provide that Costs are in the Court’s discretion, having regard to the considerations outlined in Rule 10.33.
Despite the allegations by the self-represented Plaintiff E.T. being “highly inflammatory” and not relevant to the issues before the Master or in the Appeal, Strekaf J. declined to award solicitor and client Costs. Her Ladyship noted that such Costs are reserved for exceptional circumstances of reprehensible, scandalous, or outrageous conduct; were inappropriate to award at this stage; and ought to be left to the discretion of the Trial Judge. However, Strekaf J. held that enhanced Costs should be awarded given that serious allegations of impropriety were unsuccessfully advanced by the Plaintiff. Her Ladyship awarded three times the taxable Column C costs, being $18,000.View CanLII Details