HICKAWAY v RIDDELL KURCZABA ARCHITECTURE ENGINEERING INTERIOR DESIGN LTD

Justice Eidsvik released additional reasons on Costs following a finding of wrongful dismissal against the employer Defendant/Plaintiff by Counterclaim. The Plaintiff employee was successful in his claim, and was presumptively entitled to receive Costs at Column 2, but sought enhanced Costs under Column 4.

Rule 10.33(2) sets out relevant factors for to the Court’s consideration in deciding whether to vary the amount of a Costs award. Justice Eidsvik considered the Defendant employer’s conduct during the litigation, and found that Column 3 costs would recognize the additional resources expended to address the Defendant’s combative behaviour which unnecessarily prolonged the Action.