TLM v MGH, 2013 ABQB 14


4.29: Costs consequences of formal offer to settle
10.29: General rule for payment of litigation costs
10.31: Court-ordered costs award
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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