LUTZ v LUTZ, 2023 ABKB 224


10.29: General rule for payment of litigation costs
10.31: Court-ordered costs award
10.33: Court considerations in making costs award

Case Summary

Justice Rothwell issued a Costs Decision following a two-day Summary Trial regarding parenting, child support, and the division of matrimonial property. The Plaintiff did not participate in the Summary Trial or make submissions regarding Costs.

The Court considered Rule 10.29, which sets out the default rule that the successful Party is generally entitled to Costs. Justice Rothwell also considered Rules 10.31 and 10.33, which set out factors which the Court may consider when making a Costs Award and when deciding whether to deny or vary an amount in a Costs Award.

The Court held that the Defendant was entirely successful and took reasonable positions on the issues, which were issues of great significance to the Parties. Justice Rothwell held that the Plaintiff, on the other hand, deliberately refused to provide and required disclosure and did not cooperate in the proceedings that he had commenced. Justice Rothwell observed that the Plaintiff’s refusal to participate needlessly complicated proceedings, necessitated extra steps, and impacted the Court’s ability to award an accurate quantum of child support.

In the result, Justice Rothwell ordered partial indemnity Costs in favour of the Defendant, in the amount of $20,000.

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