KNUDSON v KNUDSON, 2015 ABCA 398

FRASER, WATSON AND ROWBOTHAM JJA

14.88: Cost awards

Case Summary

The Appellant husband appealed a Trial Judge’s award against him for retroactive spousal support and Costs in a divorce and matrimonial property Action. In reviewing the Decision of the Trial Judge, the Court of Appeal found no reviewable errors and dismissed the Appeal. The Appellant also appealed the award of double Costs that the Trial Judge awarded against him. The Trial Judge had awarded double Costs because the damages at Trial were greater than the Formal Offer made by the Respondent. The Court of Appeal agreed that the Respondent wife was entitled to double Costs, referring to Rule 14.88(3) which states that “unless otherwise ordered, the scale of Costs on an Appeal shall be the same as the scale that applies to the Order or Judgment appealed from”. The Court of Appeal dismissed the Appeal of the Costs award.

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