FOLEY v LEAVITT, 2021 ABQB 875
10.29: General rule for payment of litigation costs
10.33: Court considerations in making costs award
This was an Application to determine costs payable upon conclusion of a contested Application to set arrears resulting from a prior Order for spousal and child support. The Applicant was successful is setting arears, but in an amount significantly less than alleged. The Respondent was successful in terminating spousal support. Cost and progress of the Application were impacted by the Respondent’s failure to tender required disclosure in a timely fashion.
Considering the Application’s outcome and the Respondent’s conduct in relation thereto, and applying the principles and factors set out in Rules 10.29 and 10.33, the Court awarded solicitor client costs against the Respondent for steps taken to compel disclosure. Remaining costs were assessed on the basis of Column 1 (for domestic matters) of Schedule C of the Alberta Rules of Court.View CanLII Details