PREDIGER v SANTORO, 2016 ABCA 11
WATSON, ROWBOTHAM and O'FERRALL JJA
14.88: Cost awards
SCHEDULE C: Tariff of Recoverable Fees
The Appellant wife, Santoro, appealed a Trial Judge’s Decision in a family matter. Both parties were self-represented in the Appeal. The Court of Appeal dismissed the Appeal, and considered the issue of Costs. The Court noted that, under Rule 14.88, the successful party is, by default, entitled to Costs.
Generally, Costs are in the discretion of the Court, and the successful party is entitled to receive party and party Costs in accordance with Schedule C. The Court of Appeal explained that party and party Costs are not a full indemnity for legal costs, but rather compensation to the successful party for some portion of those costs. In the case of a self-represented litigant who has not incurred legal costs, such as the Respondent, the Court has discretion to award Costs. In this case, given the large volume of material the successful Respondent was required to respond to, the Court awarded Costs based upon Schedule C, Column 1 for the preparation of various documents and disbursements. The Respondent did not receive Costs for lost income while preparing for and attending the Appeal.View CanLII Details