WILLICK v WILLICK, 2022 ABQB 389

RENKE J

10.29: General rule for payment of litigation costs
10.31: Court-ordered costs award
10.33: Court considerations in making costs award

Case Summary

This was a ruling on costs arising from a Family Special Chambers Application. During the Application retroactive the Court found that the Plaintiff bore child support arrears obligations totalling about $90,000.

Justice Renke noted that Rule 10.29 confirmed the general rule that a successful party was entitled to costs. Costs determinations were discretionary with reference to the factors contained in Rule 10.33. The options for costs awards were set out in Rule 10.31 and awarding costs pursuant to Schedule C was one option among many options authorized.

His Lordship referred to the factors in Rule 10.33 and found that the Defendant was substantially successful in her Application and awarded her costs.

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