This was a Costs Decision arising from an Application for extension of time under section 64(3) of the Expropriation Act, RSA 2000, c E-13 (the “Act”) between Selenium Architectural Millwork (“Selenium”) and the City of Edmonton (“City”).

The Court considered Rule 10.31 regarding the ability of the Court to award party and party Costs on a higher scale. Selenium, being the unsuccessful Party, sought full indemnity Costs under the Act. The City sought Costs on Column 3 of Schedule C. The Court noted that Selenium was unsuccessful in its Application, which was not captured by the Costs or indemnity provisions of the Act. The Court held that the City was successful and was entitled to Costs. Selenium’s Application related solely to extension of time under the Act and did not seek any monetary amount. The City argued that the Application was urgent, complex and important, thereby entitling them to Column 3 of Schedule C.

Justice Mandziuk recognized that the issues were certainly important to the Parties and were cloaked in urgency, but they were of modest complexity. Keeping the principles in mind, Justice Mandziuk exercised discretion and ordered that Selenium pay Costs to the City on Column 1 of Schedule C, including disbursements.