MA v XU, 2023 ABKB 346


10.33: Court considerations in making costs award

Case Summary

This was a family law matter regarding retroactive child support and property division upon divorce. There was a mixed result, but the Plaintiff, Ms. Ma, was substantially successful. Justice Angotti therefore held that she should be awarded Costs pursuant to Rule 10.33. Costs were submitted by Bill of Costs reflecting Costs per Schedule C, Column 1, along with disbursements. Justice Angotti accepted these numbers.

Ms. Ma also sought enhanced Costs of $15,000 for the Defendant’s behaviour during the litigation pursuant to Rule 10.33. Mr. Xu refused to comply with Court Orders, causing Ms. Ma to make multiple Applications prior to Trial. Mr. Xu also failed to meet his obligations of disclosure in the litigation, impeding the ability of the Parties to proceed on the merits. Mr. Xu’s efforts appeared aimed at enticing Ms. Ma to settle, to her detriment. Mr. Xu was also dishonest throughout the proceedings, failing to disclose financial documents.

Based on what Justice Angotti termed “significant and reprehensible litigation misconduct”, she awarded the $15,000 in enhanced Costs.

View CanLII Details