The Rules of Court provide that a successful party in litigation is entitled to its costs (Rule 10.29(1)(a)). In the absence of litigation misconduct, allegations of fraud, or a contractual entitlement, the Court often turns to Schedule C to assess the quantum of those costs. However, the Court always retains discretion (pursuant to the Judicature Act and Rule 10.31) to award reasonable and proper costs taking into account the circumstances of the case.
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Evolution of Costs Awards in Alberta and Recent Amendments to Schedule C
April 21, 2020