JULIEN v ALBERTA (HUMAN RIGHTS TRIBUNAL)

The self-represented Applicants unsuccessfully sought Judicial Review of an Alberta Human Rights Tribunal decision involving complaints they had brought against the Brazeau Seniors Foundation (“Brazeau”). Following dismissal of the Judicial Review, Brazeau sought enhanced costs against each Applicant, calculated under Column 5 of Schedule C with a multiplier of five. The Applicants sought costs in their favour and alleged misconduct by Brazeau and its counsel.

The Applicants’ submissions largely repeated allegations that had already been rejected on Judicial Review, or raised new allegations directed at the underlying issues. Justice Bercov held that a costs hearing is not an opportunity to reargue the merits and declined to consider those allegations in determining costs.

Turning to Rules 10.31 and 10.33, Justice Bercov considered the complexity of the Judicial Review and the conduct of the parties. Although the Judicial Review itself was not complex, the Applicants’ conduct significantly increased the work required to respond. The Applicants advanced numerous unsupported allegations, mischaracterized the record, and attempted to relitigate the evidence, contrary to the applicable standard of review.

Justice Bercov held that enhanced costs were appropriate, but declined to award the full amount sought since Brazeau had not provided sufficient detail regarding its actual legal fees.

The Court awarded costs against each Applicant under Column 5 of Schedule C, including Items 19 and 20, and second counsel fees in lieu of Item 8.