XPRESS LUBE & CAR WASH LTD v GILL, 2019 ABQB 756
4.24: Formal offers to settle
4.29: Costs consequences of formal offer to settle
4.33: Dismissal for long delay
10.48: Recovery of goods and services tax
In a Decision regarding the proper award of Costs, Master Robertson awarded the Defendants elevated Costs. The Plaintiff’s Actions had previously been dismissed due to delay. The Defendants sought elevated Costs due in part to the manner in which litigation had been conducted (including significant delay), and they sought double Costs for steps taken after they had served two Formal Offers to Settle. The Court found that the Plaintiff had caused deliberate delay, as on two separate occasions the Plaintiff did not take a step until the eve the three year drop dead date under Rule 4.33.
While the Plaintiff argued that the Formal Offers made pursuant to Rule 4.24 were insincere, the Court disagreed and found that the Formal Offers were legitimate attempts at compromise, and otherwise complied with Rule 4.29.
In concluding, Master Robertson reminded counsel of Rule 10.48 which allowed the Defendants to recover an additional amount as Goods and Services Tax on portions of the Costs award.View CanLII Details