FODOR v CONCRETE EXPERTS LTD, 2025 ABKB 151
NEUFELD J
10.2: Payment for lawyer’s services and contents of lawyer’s account
10.32: Costs in class proceeding
Case Summary
The Court addressed Costs following an unsuccessful appeal by the Defendant, Concrete Experts Ltd., after a trial in which the Plaintiff, Barbara Fodor, was awarded damages for breach of contract. The Court affirmed that Costs are discretionary under Rule 10.2 and guided by principles set out in Rule 10.32, including partial indemnification and the reasonableness of costs claimed. The Court acknowledged that while party-party costs typically follow Schedule C, the Rules allow for other mechanisms such as lump sum awards or awards proportionate to reasonable legal fees. In light of Ms. Fodor’s success at both Trial and on Appeal, and the fact that both parties were represented by counsel, the Court found a lump sum award appropriate. It ordered Costs in the amount of $3,000, inclusive of disbursements and interest, payable forthwith.
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