HORST TYSON DAHLEM PROFESSIONAL CORPORATION v JOHN F SCHNEIDER PROFESSIONAL CORPORATION (CANMORE LEGAL SERVICES), 2015 ABQB 413

MILLAR J

10.39: Reference to Court

Case Summary

The Plaintiff commenced two Actions against the Defendant for debt and fraudulent preference. An Order for Costs was awarded in the fraudulent preference Action, and the Costs were assessed. Pursuant to Rule 10.39, the Assessment Officer referred several issues to the Court with respect to how the Costs Order should be interpreted and applied. Justice Millar stated that Rule 10.39 allows an Assessment Officer to direct any questions relating to the assessment of Costs to the Court for a Decision or Direction. Millar J. considered each of the referred issues: Costs of steps taken by other parties, apportionment of Costs, and an attachment Order, and directed the matter to be returned to the Assessment Officer.

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