TLY v MLY, 2016 ABCA 264


10.36: Assessment of bill of costs
13.5: Variation of time periods
14.88: Cost awards

Case Summary

The Parties made an Application seeking a ruling on the Costs arising from a Decision in the Action that the Court of Appeal had issued eight months prior. The Court cited Rule 14.88, which specifies a presumption that the successful party on an Appeal is entitled to Costs from the unsuccessful party, and the scale of Costs should be the same as the scale that applies to the Order or Judgment appealed from. The Court also noted that the Information Note provided under Rule 14.88 stipulates that the Court of Appeal will not make a specific direction about Costs unless an exception is to be made to the presumption in Rule 14.88(1).

The Court of Appeal also remarked that the Information Note provides that any requests to the Court for specific direction on Costs must be made within two months of the pronouncement of the Decision from the Court of Appeal. The Court of Appeal acknowledged that while the time limit in the Information Note may be varied under Rule 13.5, which allows Courts to extend time periods, there was no reason put forward by the Parties as to why they should do so. Therefore, the Court of Appeal held that the Costs of the Appeal had to be assessed based on the presumption in the Rules. If the Parties could not come to an agreement as to what this amount should be, they could have the costs award assessed by an Assessment Officer under Rule 10.36.

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