LUM v ALBERTA DENTAL ASSOCIATION AND COLLEGE, 2015 ABQB 276

Graesser J

10.29: General rule for payment of litigation costs
10.33: Court considerations in making costs award
SCHEDULE C: Tariff of Recoverable Fees

Case Summary

Dr. Lum applied for Judicial Review of the Alberta Dental Association and College Registrar’s Decision refusing his registration in Alberta. Dr. Lum’s Application was dismissed, and Graesser J. directed that Costs could be spoken to if not agreed between the parties. The Registrar applied for Costs on the basis of triple Column 1 of Schedule C to the Rules. Justice Graesser stated that the default position under Rule 10.29(1) is that the successful party is entitled to Costs following the event. Where no monetary amount is sought, the appropriate level of Costs is Column 1 of Schedule C. The Court has a wide discretion to award “reasonable and proper” Costs in the amount it considers appropriate, as provided for by Rule 10.33(1). In the result, Graesser J. found that the context of the Judicial Review Application warranted an award of double Column 1 of Schedule C, plus disbursements. In addition, the Registrar was awarded $500.00 for the Costs Application.

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