The Appellant, YI, appealed a Court of Justice decision for parenting and support. Justice Eamon heard and dismissed the appeal in YI v MM, 2025 ABKB 138. The Respondent, MM, sought Costs on a solicitor-client basis in the approximate amount of $12,500, or enhanced Costs, due to the conduct of YI, in the amount of $25,000.

Eamon J., in considering MM’s Application, applied Rule 10.29 for the general proposition that the successful party is entitled to costs. Justice Eamon also noted, however, that solicitor-client costs are only awarded in rare and exceptional cases. Further, the Court considered its flexibility in making a costs determination pursuant to Rules 10.31 and 10.33. Specifically, Justice Eamon focused on the Application of Rule 10.31(1)(a).

When awarding costs, the Court must indemnify the winner without unreasonably discouraging court access. Justice Eamon relied on Sunridge Nissan Inc v McRuler, 2023 ABCA 128 when applying Rules 10.2 and 10.33. The Court is entitled to consider litigation misconduct and to sanction frivolous behaviour pursuant to Rule 10.33(2)(g).

Following a detailed analysis, Justice Eamon held that MM was entitled to Costs, but not on a solicitor-client basis. To award solicitor-client Costs, the Lawyer’s Account must be assessed either by a Court or by an Assessment Officer. A cost-benefit analysis in this case did not favour proceeding with an Assessment.

According to Eamon J., the process of a Family Law appeal in the Court of King’s Bench is similar to an appeal at the Court of Appeal given the application of Rules 12.68, 12.69 and 14.25. Therefore, after considering the application of Column 1 of Schedule C, as well as the steps required for the Appeal, MM was awarded $5,550. After applying relevant case law, Justice Eamon determined that enhanced Costs were warranted to deter litigation misconduct, thereby bringing MM’s total Costs Award to $8,325. Lastly, Eamon J. determined that the Children’s Counsel’s Account should be paid in full by YI after a review by the Assessment Officer.