This was a Costs decision following a Streamlined Trial where the Court found the Plaintiff had a valid marriage and was the successful party. The Plaintiff sought Costs in the amount of $10,637.84 and invited the Court to determine whether the Defendant had complied with prior costs and penalty Orders, relying on previous judicial findings that described the Defendant’s pattern of abusive and vexatious litigation, submitting it caused her significant financial hardship. The Defendant opposed any Costs award, submitting that the Plaintiff had mislead the Court and that the Streamlined Trial only addressed a procedural matter within ongoing litigation. As an alternative, the Defendant argued that Costs should be limited to 5% and be awarded in the cause.

Justice Sidnell affirmed that under Rules 10.29, 10.30, and 10.33, costs are presumptively awarded to the successful party. Sidnell J. determined that the Plaintiff was entirely successful, that the issues were not complex, and that there were no exceptional factors to warrant any departure from the usual rule. The Court disagreed with the Defendant that Costs were premature or unwarranted due to the litigation being ongoing, as the Streamlined Trial resulted in a final determination of substantive issues, not merely procedural ones.

Sidnell J. declined to address the Plaintiff’s request to enforce the prior outstanding costs and penalty Orders against the Defendant, finding that such matters were within the jurisdiction of the Case Management Justice. The Court also refused to consider non-compliant Affidavit exhibits filed by the Plaintiff that contained argument rather than evidence.

The Court awarded Costs to the Plaintiff in the amount of $6,075 under Column 1 of Schedule C. However, Justice Sidnell declined to award full or partial indemnity Costs, finding Schedule C to be appropriate given the nature and complexity of the proceeding. The Court assigned the Costs to Legal Aid Alberta pursuant to the Plaintiff’s prior assignment of a Costs Order.