HOSKINS v HOSKINS, 2019 ABQB 777
10.33: Court considerations in making costs award
The Hoskins’ obtained a Judgment of divorce. The matter before Friesen J. was to determine the Costs award as a result of that divorce proceeding. Following the Judgment of divorce, Mr. Hoskins’ counsel submitted a Bill of Costs for $35,500 under Column 5 of Schedule “C”. In determining the appropriate Costs award, Justice Friesen considered the factors enumerated in Rule 10.33, specifically: (a) the result of the Action and relative degree of success of each party; (b) the amount claimed and amount recovered; and (c) the conduct of a any party that shortened the Action.
Success was divided at Trial, but Mr. Hoskins experienced greater success by a wide margin. The Court found that counsel for Mr. Hoskins had assisted the Court in narrowing the issues. Considering the factors, the Court awarded Costs to Mr. Hoskins in the amount of $25,000.View CanLII Details