Wood Group Canada Inc. (Wood) brought an Application (Underlying Application) seeking production and disclosure against the Association of Professional Engineers and Geoscientists of Alberta (APEGA). The Underlying Application was dismissed, and a second Application brought by Wood to compel Undertakings was partially granted (the Application to Compel). Barry Bauhuis (Mr. Bauhuis), a retired employee of Wood, supported the Underlying Application. APEGA was supported by the intervener CNOOC Petrolum North American ULC (CNOOC) on both Applications.

APEGA sought a Costs Award of 50% of its own solicitor and client Costs for the Underlying Application, whereas Wood did not seek Costs, but argued that Column 1 of Schedule C was appropriate. CNOOC sought Costs against Wood in both Applications.

The Court noted the general Rule that a successful party to an Application is entitled to Costs pursuant to Rule 10.29, subject to the Court’s discretion under Rule 10.31. Further, the Court has broad discretion pursuant to Rule 10.33. The Court found that while Mr. Bauhuis was not directly a party in the Underlying Application, he filed a significant amount of material and fell within the definition of a “party” under Rule 10.28, thereby entitling parties to seek Costs against him.

In the end, APEGA was awarded Column 1 of Schedule C Costs against Wood and Mr. Bauhuis in the Application to Compel. CNOOC was awarded Column 1 of Schedule C Costs.