This was an Appeal of two Costs Orders.

The Appellants argued that, as the Case Management Judge concluded that AHS was not a party to the Action and did not need to be named in the style of cause, the Case Management Judge had no authority to award costs in favour of AHS as Rules 10.29 - 10.34 provided guidance about awarding costs to a “party”.

The Court found that while these circumstances are rare, there was jurisdiction to award costs in favour of non-parties to an Action pursuant to s. 21 of the Court of Queen’s Bench Act, RSA, 2000, c C-31, jurisprudence, and the definition of “party” in Rule 10.28.

Having regard to the standard of review, the Court found that there was no basis to interfere with the Case Management Judge’s exercise of discretion.