1301905 ALBERTA LTD v SWORD ENERGY INC

Previously, the Plaintiff Applicant was granted Summary Judgment and the assessment of damages was referred to a referee pursuant to Rule 7.3(3)(b). The Plaintiff Applicant sought direction regarding the assessment of damages and a full indemnification for Costs. The Defendant Respondent argued that, since the Court previously referred the matter to a referee, the Court no longer had jurisdiction to deal with the assessment of damages, and that there was no reason to depart from party-party Costs.

The Court held that it had continuing jurisdiction and gave further directions regarding the assessment of damages by the referee. Costs were awarded on a party and party basis as the exceptional circumstances, as outlined in Jackson v Trimac Industries Ltd, 1993 4 WWR 670 and Evans v Sport Corp, 2011 ABQB 616, required for solicitor and client Costs were not met.