JAMA v JAMA, 2016 ABQB 379

Veit J

10.33: Court considerations in making costs award

Case Summary

The Plaintiff successfully obtained an Emergency Protection Order (“EPO) without notice against the Defendant, who was the Plaintiff’s sister. The Defendant contested the EPO, and applied to vacate it. The Plaintiff did not appear at the oral hearing, and the Court vacated the EPO. The Defendant sought Costs against the Plaintiff. Justice Veit referred to a recent Alberta Court of Appeal Decision and stated that, pursuant to Rule 10.33(1)(c), the Court may consider the importance of the issues in the matter in awarding Costs for the review or appeal of an EPO. Upon consideration of the facts of this case, and provisions in the Protection Against Family Violence Act, RSA 2000, c P-27, Justice Veit held that the Defendant was entitled to Costs of $500 in this case.

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