Background & Trial Decision:

• In 2021, Ms. Fodor hired Concrete Experts Ltd. to replace her garage pad and driveway.
• Shortly after completion, she observed significant cracking and heaving.
• After failed discussions with the company, she sued in the Alberta Court of Justice for $21,165 plus interest and costs.
• The trial court found Concrete Experts Ltd. liable for breach of contract and awarded:
  • $13,000 in damages,
  • $1,300 in legal fees, and
  • $2,063 in disbursements.

Appeal & Costs Decision:

• Concrete Experts Ltd. appealed, but the appeal was dismissed on November 29, 2024.
• The parties were given 30 days to agree on costs, but no agreement was reached.
• Ms. Fodor sought $7,750 in appeal-related costs under Section 53(1)(c) of the Court of Justice Act, arguing enhanced costs should apply due to a settlement offer made on June 26, 2024.
• Concrete Experts agreed to basic appeal costs under Schedule C, Column 1 but disputed enhanced costs.
• The court emphasized cost-effectiveness in appeals and found that briefs were necessary.
• A lump sum of $3,000 was awarded for appeal costs, inclusive of disbursements and interest, payable immediately.