This was a Costs Decision arising from an Application for an Order allowing the Applicants to object to a distribution of funds paid into Court, granting a Stay of enforcement of a previous Costs Award, and directing that a half day Special Chambers hearing be set for a Bill of Costs Appeal that had been scheduled, and then cancelled, in 2019. The underlying Application was dismissed with prior reasons at 2023 ABKB 83.

The Court noted that, as the successful Party, the Respondent was presumptively entitled to Costs, which the Respondents sought pursuant to Column 3 of Schedule C in light of the quantum of the previous Costs Award. Applying the factors listed in Rules 10.31 and 10.33, the Court noted that the Respondents had been wholly successful in having the Application dismissed, that the underlying dispute involved the previous Costs Award, which was valued in excess of $300,000, and that the matter was contested. On the basis of those factors, the Court granted the Respondent its requested Costs.