SUTHERLAND v SUTHERLAND, 2023 ABCA
WATSON, SLATTER AND KIRKER JJA
10.33: Court considerations in making costs award
This was a Costs Decision following an Appeal as to the appropriate method for setting guideline income for calculating child support. The maximum amount of child support in issue was approximately $50,000.
Relying on recent case law from the Court of Appeal (McAllister v Calgary (City), 2021 ABCA 25), the successful Appellant sought Costs in the amount of 50% of solicitor-client Costs incurred between the date counsel began preparation for oral argument and the day after oral argument in the Appeal.
Assessing the Appellant’s Costs claim, the Court noted that an Award of party and party Costs based on solicitor and client Costs must be justified. Costs claimed must be proportionate to the amounts in issue. The Court noted that fees incurred is not one of the factors listed in Rule 10.33.
The Court held that, having regard to the amount in issue, the Costs claimed were disproportionate. Accordingly, the Court accepted the Respondent’s proposal that Costs be awarded in the amount of $5,000, representing Column 1 of Schedule C Costs, plus 37%.View CanLII Details