10.29: General rule for payment of litigation costs
10.30: When costs award may be made
10.31: Court-ordered costs award
10.33: Court considerations in making costs award

Case Summary

The Defendants sought Costs arising from the Adjournment of Applications brought by the Defendants to Strike the Plaintiff’s Statement of Claim. Specifically, the Defendants argued that they were entitled to “thrown-away” Costs for preparing and filing written briefs in respect of the Applications to Strike and Costs in respect of the Plaintiff’s Adjournment Application.

The Court held that Rules 10.29, 10.30, 10.30 and 10.33 provide the Court with discretion when deciding to award Costs in favour of a party. However, the Court’s discretion is not absolute and the Court “must exercise its discretion judicially and in accordance with established principles”.

Based on the principles arising from prior decisions in cases such as Freyberg v Fletcher Challenge Oil and Gas Inc, 2006 ABCA 260 and D’Amico v Weimkin, 2008 ABQB 129, the Court held that the Defendants were entitled to Costs on an enhanced scale of Schedule C in respect of the Costs incurred in preparing for the Application to Strike and the Adjournment Application, payable immediately.

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