The Applicant mother in a family law dispute sought permission to appeal a Court of King’s Bench Decision (the “King’s Bench Appeal Decision”), which was an appeal from a decision by the Alberta Court of Justice (the “Court of Justice Decision”).

In the Court of Justice Decision, the Applicant mother was held in Contempt of Court and was barred from making submissions. The Respondent father agreed that the Court of Justice Decision was an error. Despite the parties’ agreement, the Applicant mother appealed the Court of Justice Decision.

The appeal before the Court of King’s Bench was successful in part and the parties were granted a new interim parenting Order. At the King’s Bench Appeal Decision, the Respondent father sought costs on the basis that he had already consented to the appeal. The Applicant Mother was directed to pay $3,500 in costs to the father.

The Applicant mother then applied for permission to appeal the King’s Bench Appeal Decision (the “Court of Appeal Decision”). At the Court of Appeal, the Applicant Mother argued that the King’s Bench Appeal Decision failed to consider all the merits of her appeal, and that the ruling, particularly as to costs, was unjust. In response, the Court of Appeal cited Rules 14.5(1)(i) and 12.71 in support of the proper procedure: “A decision of the Court of King’s Bench sitting as an appeal court for decisions under the Family Law Act may only be appealed to this Court on questions of law or jurisdiction, with permission”.

The Court of Appeal ultimately found that the Applicant mother’s Appeal did not raise an issue of law or jurisdiction and had no reasonable chance of success. Regarding the Applicant’s concerns about the costs award in the King’s Bench Appeal Decision, Justice Grosse held that permission to appeal a costs award is required pursuant to Rule 14.5(1)(e) and should be granted sparingly.

The Respondent, who was the successful party to the Court of Appeal Decision, requested $10,000 in solicitor and own client costs. Grosse J.A. held that solicitor and own client costs were not appropriate in the circumstances and referred to Rule 14.88(3) to support that costs in an appeal decision are usually awarded on the same scale as the Order or Judgment which is being appealed. The Court found that the King’s Bench Appeal Decision awarded Costs pursuant to Column 1 of Schedule C, and as such the same was appropriate at the Court of Appeal. Grosse J.A. awarded $1,000 to the Respondent.