NORTH v DAVISON, 2024 ABKB 528
MAH J
9.14: Further or other order after judgment or order entered
10.33: Court considerations in making costs award
10.48: Recovery of goods and services tax
Case Summary
The Court issued this Decision further to its Cost Endorsement at 2024 ABKB 52, as a result of questions from counsel. The Cost Endorsement awarded the Plaintiffs three times Schedule C Column 5 costs in accordance with Rule 10.33. Counsel requested more details on the Costs Award.
Justice Mah relied on Rule 9.14 to clarify that he had the authority to provide the further details regarding the earlier Costs Award. The Court clarified that the two Applications were Special Applications, and thus the appropriate fee portion was two times two half days under Item 8(1), totaling $24,300. Justice Mah awarded GST on the costs payable as it was not refundable or rebateable under Rule 10.48(2) since the Plaintiff paid all legal fees and did not claim GST inputs.
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