MF v MSY, 2020 ABQB 492


4.16: Dispute resolution processes
4.29: Costs consequences of formal offer to settle
10.29: General rule for payment of litigation costs
10.31: Court-ordered costs award

Case Summary

The Plaintiff was successful in her Action regarding a number of family law matters, and as such, she made an Application for Costs pursuant to Rule 10.29.

The Plaintiff had made a Formal Offer to settle which would have been more favourable to the Defendant than the Trial Decision. Justice Phillips found that the Formal Offer was genuine, reasonable, realistic and would have resolved all issues between the parties. The Court held that the Plaintiff had satisfied the requirements of Rule 4.29 to obtain double Costs.

In considering the Bill of Costs submitted by the Plaintiff, Justice Phillips noted that one Application was heard where no counsel had was present and the Plaintiff had appeared on her own behalf. Justice Phillips referenced Rule 10.31(5), which allows a Court to order a Costs Award for a self-represented litigant, but Justice Phillips decided against awarding Costs for the impugned Application appearance. The Bill of Costs also claimed Costs for an Early Intervention Case Conference, but Justice Phillips found that such Costs were excluded by Rule 10.31(2)(c), which excludes Costs related to a dispute resolution process described in Rule 4.16. Specifically, Justice Phillips decided that an Early Intervention Case Conference was a Court annexed dispute resolution process as described in Rule 4.16(1)(b).

Ultimately, the Plaintiff was awarded a total of $52,047.29 in Costs.

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