LEE v YEUNG, 2012 ABQB 102

Macklin J

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

Case Summary

Relying on Rule 10.33, the Applicants applied for Solicitor-Client Costs or a Costs award set at an increased level from Column 1 of Schedule C, which is what the Applicants would otherwise have been entitled to in their Originating Application. The Applicants argued that the conduct of the Respondents had been improper, unfair and illegal, and an increased award should therefore follow. The Court found that it is only conduct occurring during the course of litigation that can result in an award of Solicitor-Client Costs and then only if the conduct of the liable party has been shown to be reprehensible, scandalous or outrageous. Macklin J. also determined that Solicitor-Client Costs relate to the conduct of the lawsuit and not conduct of the Party before the lawsuit. The Applicants were awarded Column 1 Costs, given that the remedy was a Judgment other than for the payment of money.

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