10.42: Actions within Provincial Court jurisdiction

Case Summary

The Applicants appealed a Decision dismissing their Application for Judicial Review in respect of certain administrative penalties. In their Costs submissions, the Applicants, referencing Rule 10.42, argued that the amount at stake was well within the jurisdiction of the Alberta Court of Justice and had the subject matter also been within the jurisdiction of that lower Court, the Rules on Costs would require the Column 1 Costs to be further reduced by 24%.

Labrenz J. held that a Judicial Review Application is not within the jurisdiction of the Alberta Court of Justice. Such Applications must be brought in the Court of King’s Bench. As such, Rule 10.42 did not apply to this matter.

Labrenz J. further held that although the total Costs sought by the Respondent was relatively modest and that there were five Applicants, the arguments on the Judicial Review were substantially the same and the arguments made on the Costs’ Application were identical. This justified a modest reduction in the Costs Award.

Accordingly, Labrenz J. awarded Costs to the Respondent as a lump sum of $2,000 in each Action, totalling $10,000. Having noted the consent of the Respondent, each Costs Order was stayed pending the resolution or disposal of the Appeal.

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