VC v BH, 2021 ABQB 736


10.31: Court-ordered costs award
10.33: Court considerations in making costs award

Case Summary

This was a Costs Decision following a Trial to determine a parenting arrangement. The Plaintiff alleged that she was successful and, therefore, was entitled to Costs pursuant to Schedule C Column 1. The Court disagreed stating that, in fact, the Defendant was more successful as the Plaintiff’s parenting time would be under close scrutiny.

Pursuant to Rule 10.31, Jones J had the discretion to award Costs after considering the factors outlined in Rule 10.33. Some of those factors included the result of the Action, the apportionment of liability, and any other matter related to reasonable and proper Costs considered appropriate in the circumstances. Jones J noted that an award of full indemnity costs against Plaintiff would have been a reasonable request in this case because the Plaintiff had behaved irresponsibly throughout the proceedings. However, despite the significant sums of money the Defendant expended, he only sought $2,000.00 in Costs. Jones J awarded same.

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