LDW v KDM, 2012 ABQB 128


14.1: Definitions

Case Summary

The Applicant applied for leave to appeal a Costs Order that was made following a Trial. The Applicant applied pursuant to old Rule 505(3), which remains applicable pursuant to Rule 14.1(1).

The Court followed Lameman v Alberta, 2011 ABQB 724 and summarized the law governing the granting of leave to appeal a decision on Costs. A “high threshold” must be met and leave should only be granted sparingly. The purpose of old Rule 505(3) is to “bring finality to cost orders”, and to “conserve court resources by screening out appeals that are hopeless”.

Further, a leave Application is not an opportunity to re-argue the issue of Costs. However, the Court must give the Applicant sufficient latitude to address the four part test approved in Roman Catholic Bishop of the Diocese of Calgary v Canada (AG), 2009 ABQB 231.

When hearing a leave Application, the Court must consider the standard of review. The applicable standard of review involves considering whether or not the Court, in making the initial Costs Decision, committed a clear, palpable and overriding error.

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