12.36: Advance payment of costs
14.2: Application of general rules
14.67: Security for costs

Case Summary

The Applicant, Scott, sought a Costs award in advance related to an Appeal brought by the Respondent. The Appeal related to a child custody Order and related spousal support.

Justice Wakeling considered whether the Court of Appeal had authority to grant a Costs award in advance. His Lordship considered Rule 14.2 and noted that if Part 14 does not address the matter then other Parts of the Rules may apply “with any appropriate modifications”. His Lordship observed that Rule 12.36 empowers the Court of Queen’s Bench to make any Order that it thinks fit for the advance payment of Costs to either party. Justice Wakeling held that, since Part 14 did not contain an advance Costs provisions, and there is nothing in any enactment or Part 14 that precludes the utilization of Rule 12.36 in Part 14, Rule 12.36 will apply to Part 14. Justice Wakeling also noted that, in the alternative, Section 12 of the Court of Appeal Act, RSA 2000, c C-30 may allow such an award. Rule 14.67 would govern an Application for advance Costs as a single Judge of the Court of Appeal is authorized to provide security for costs awards.

Advance Costs in the amount of $25,725 were granted with the direction that the amount could be assessed for reasonableness by the panel hearing the Appeal.

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