LAU v IBU, 2016 ABQB 74


10.33: Court considerations in making costs award
SCHEDULE C: Tariff of Recoverable Fees

Case Summary

Following a Trial which involved divorce proceedings and a custody dispute, the Court considered Costs. The Court noted that the father had raised many unproved allegations of racism and discrimination, and that this could attract Costs on either a solicitor-client or an enhanced basis. Counsel for the father argued that Costs should not be awarded in a custody case; however, Michalyshyn J. held that the Rules were to be applied equally to both custody cases and other civil litigation.

Justice Michalyshyn considered the factors set out in Rule 10.33(1), and noted: that the mother was entirely successful; the Action was not complex; and the father’s conduct lengthened the Trial. His Lordship also noted that the father should not be protected from higher Costs despite the mother's status as a legal aid-supported litigant. Based on all of these considerations, the father’s Costs were set based on Schedule C Column 4, but if this resulted in Costs exceeding full indemnity, the father could apply for reconsideration. The father was also ordered to pay 100% of the reasonable disbursements arising from the Trial.

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