CLEARBAKK ENERGY SERVICES INC v SUNSHINE OILSANDS LTD

The Court had allowed the Appellants’ Appeal to restore an Applications Judge’s Decision which granted the Appellant Summary Judgment against the Respondent. Among other things, the Respondent to the Appeal applied to argue Costs.

The Court noted that Rule 14.88 entitles successful Parties to an Appeal to Costs and that special reasons are generally required to deny a successful Party Costs. The Court acknowledged that Rule 10.33 allows Courts awarding Costs to consider a Party’s unnecessary conduct or conduct that unnecessarily lengthened or delayed the Action. The Court found that although the litigation was imperfect, it did not rise to the level of rebutting the Rule 14.88 presumption. The Court accordingly found that the Appellant was entitled to entitled to the Schedule C, Column 2 Costs for the Appeal.