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HSBC BANK CANADA v 1100336 ALBERTA LTD (INCREDIBLE ELECTRONICS WHOLESALE)

Citation 2012 ABQB 27
Court Court of King's Bench of Alberta
Year 2012
Justice MARSHALL J

Rules Discussed

  • Rule 1.2 Purpose and intention of these rules
  • Rule 10.33 Court considerations in making costs award

Case Summary

At Trial, the Plaintiff was successful in proving that the Defendant engaged in a civil conspiracy to defeat a debt. In relation to the applicability of deterrence in determining Costs, Marshall J. was not satisfied that deterrence has a role in civil litigation, outside of promoting timely and efficient prosecution of civil litigation. Marshall J. awarded double costs based on the relative difficulty of establishing a civil conspiracy.

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