RUBIN v GENDEMANN, 2011 ABQB 466

MOEN J

4.29: Costs consequences of formal offer to settle

Case Summary

Moen J. provided her Reasons for Decision regarding a number of issues including the determination of Double Costs under Rule 4.29. The Plaintiff claimed that special circumstances existed because she was close to poverty and would have to start over if Double Costs were awarded. The Court stated that the Plaintiff had initiated the Action and maintained it to the bitter end despite multiple offers to settle by the Defendant. In determining whether or not Double Costs should be awarded, Moen J. interpreted Rule 4.29(4)(e) and held that there were no special circumstances that would prevent the Court from awarding Double Costs.

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