WAYMARKER MANAGEMENT (SILVER CREEK) INC v TIBU, 2016 ABCA 118
BERGER, WATSON AND O'FERRALL JJA
10.31: Court-ordered costs award
Case Summary
The Appellant and the Respondents were involved in a dispute which resulted in a Restraining Order against the Appellant. The Trial Judge awarded Costs to the Respondents, despite the fact that the Respondents’ counsel at Trial was also the Respondent Company’s sole director and majority shareholder. On Appeal, the Appellant argued that Costs should not have been awarded in counsel’s own cause. However, the Court of Appeal rejected this argument, holding that the Trial Judge had broad discretion to award Costs pursuant to Rule 10.31(5). The Appeal against the Costs award was dismissed accordingly.
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