MELANSON v ALBERTA (APPEALS COMMISSION FOR ALBERTA WORKERS’ COMPENSATION)

After dismissal of Melanson’s Application for Judicial Appeal, the Respondent, Workers’ Compensation Board (“WCB”) sought Costs for the Application pursuant to Rules 10.29 and 10.31. The Applicant argued that the Respondents, the Appeals Commission and the WCB were effectively self-represented, so were not entitled to Costs pursuant to Rule 10.31(5). Lee J. reviewed Rule 10.31(5), and disagreed with the Applicant’s position. Rule 10.31(5) contemplates individual persons who are parties to an Action and representing themselves without the services of legal counsel. Both the WCB and the Appeals Commission are creatures of statute, and were represented by legal counsel. Lee J. could find no justification to deny the WCB costs as a result of the fact that it was represented by a salaried lawyer that works with the WCB.