Jones J

4.36: Discontinuance of claim
10.3: Lawyer acting in representative capacity
SCHEDULE C: Tariff of Recoverable Fees

Case Summary

The Parties sought direction from the Court as to Costs arising out of an Application for Judicial Review of a Decision of the Alberta Human Rights Tribunal. The Respondent argued that the Costs award should be reduced to reflect an independent wrongful dismissal Action commenced by the Applicant which was subsequently abandoned. Jones J. reviewed Rule 4.36, stating that a Plaintiff who discontinues an Action is normally made to pay the Defendant’s taxed Costs. However, there may be circumstances justifying a Discontinuance without Costs. Without knowing the circumstances of that Action, the Court declined to reduce the Costs award associated with the Tribunal’s Decision. The Respondent also argued that obtaining a significant reduction in the amount of damages payable should be reflected in the Costs. Jones J. stated that Rule 10.33(12)(e) allows the Court to consider the apportionment of liability in exercising discretion in awarding Costs. The Court held that the Respondent was only successful in one of three main grounds of Appeal, and therefore ordered each party to bear its own Costs associated with the Judicial Review.

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