HAGAN v HAGAN, 2021 ABQB 704


10.33: Court considerations in making costs award

Case Summary

This was an Application to determine Costs payable upon conclusion of a Summary Trial concerning the division of property between former spouses and a claim for spousal support. The Summary Trial had minimal Affidavit evidence and oral and written Argument.

The overall successful party sought Costs pursuant to Schedule C, Column 3, in light of the divided property’s value. Applying Rule 10.33 and the considerations set out therein, and noting the Summary Trial’s relative simplicity, as well as the overall unsuccessful party’s success in certain respects, the Court awarded Costs on the basis of Schedule C, Column 1 for both the Summary Trial and the Costs Application that followed.

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