EXCHANGE-A-BLADE LTD v BER-ZEL BUILDING MATERIALS LTD, 2017 ABQB 648
6.6: Response and reply to application
SCHEDULE C: Tariff of Recoverable Fees
The Plaintiff sued the Defendants for conspiracy, breach of non-competition agreements, and wrongful solicitation of the Plaintiff’s business opportunities. Three of the Defendants (the “Radkie Defendants”) applied to sever the Claims against them from the other three Defendants (the “Storteboom Defendants”), and for a change of judicial centre. The Storteboom Defendants applied for further particulars.
The afternoon before the hearing, which had previously been adjourned for three weeks, the Plaintiff served a 111 page Affidavit on the Defendants. The Defendants argued that the Court should disregard the Affidavit for contravening Rule 6.6(1), or that Costs should be imposed pursuant to Rule 6.6(3). Master Robertson dismissed the Defendants’ Applications and noted that ordinarily, each group of Defendants would pay half the Plaintiff’s Schedule C Costs. However, in this case due to the Plaintiff’s service of a lengthy Affidavit at the last minute which may have resolved the Applications, and because counsel for the Radkie Defendants had to travel to Calgary from Edmonton for the Hearing, Master Robertson awarded to each group of Defendants half the costs for a contested Application under Schedule C, plus $50 each for filing fees, plus all the reasonable travel costs for counsel for the Radkie Defendants.View CanLII Details