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Rule Details

TLM v MGH

Citation 2013 ABQB 14
Court Court of King's Bench of Alberta
Year 2013
Justice JONES J

Rules Discussed

  • Rule 4.29 Costs consequences of formal offer to settle
  • Rule 10.29 General rule for payment of litigation costs
  • Rule 10.31 Court-ordered costs award
  • Rule 10.33 Court considerations in making costs award

Case Summary

This Domestic Special Application was a consolidation of Applications with both Parties seeking an Order for various forms of relief. Four of the five requests for relief by MGH were dismissed and two of the five requests for relief by TLM were dismissed. TLM sought Double Costs, arguing that a proposed Consent Order constituted a Formal Offer, and the Order of the Court was more favourable to TLM than the proposed Consent Order. Jones J. held that the Court’s Order was different than the proposed Consent Order in ways that favoured both Parties. Thus, Double Costs were not awarded. However, TLM was awarded Costs as the Court held that TLM was more successful than MGH.

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