TURNER v BELL MOBILITY INC, 2016 ABCA 188
BERGER, WATSON AND ROWBOTHAM JJA
10.29: General rule for payment of litigation costs
10.32: Costs in class proceeding
10.33: Court considerations in making costs award
14.88: Cost awards
SCHEDULE C: Tariff of Recoverable Fees
Following a successful Appeal in a Class Action, the Defendant communication companies argued that they were entitled to Costs of the Appeal and Costs from the proceedings in the Court below.
The Court reiterated that it had jurisdiction to vary Trial Costs as a result of a successful Appeal in class proceedings pursuant to s. 37 of the Class Proceedings Act, RSA 2000 c C-16.5 and Rule 10.32. The Court noted that Rule 10.32 allows the Court to consider access to justice issues in awarding Costs in class proceedings. The Court considered the factors outlined in Rule 10.33, and awarded a multiplier of 1.5 times Schedule C for the Appeal and Trial level to the Defendants. Access to justice considerations persuaded the Court to reject levying a “sanction” of greatly enhanced Costs, despite noting that Schedule C Costs had not been updated in some 20 years and the lawsuit was potentially worth billions of dollars.