Applicant
Respondent
Overview:
The case involved a dispute over legal costs following the successful appeal of a temporary stay decision related to lawsuits arising from the 2018 Humboldt Broncos bus crash. The Herold Estate Applicants sought solicitor-client costs after their appeal succeeded, but the Wassermann Action Respondents argued that standard costs were appropriate.
Legal Issues:
The key issues were:
Whether solicitor-client costs were warranted.
If not, the appropriate amount of costs.
Whether costs should be awarded against the opposing counsel personally.
Whether the Wassermann Action Respondents should receive costs for defending other applications.
Court Findings:
The court held that solicitor-client costs were not warranted, as such costs are reserved for rare and exceptional cases involving scandalous or reprehensible conduct. The court found that the respondents' actions did not meet this threshold. Additionally, the court rejected the claim to hold the opposing counsel personally liable, finding no evidence of serious misconduct.
Costs Awarded:
The court awarded the Herold Estate Applicants a total of $7,500 as enhanced costs, acknowledging the complexity, significance, and effort required for the stay application. The Wassermann Action Respondents were not awarded costs for successfully defending related applications, as these were deemed peripheral to the main issue.
Conclusion:
The court balanced the tragic context with the procedural complexity, ultimately awarding a modest sum to the applicants while declining punitive cost measures.
Court
Court of King's Bench for SaskatchewanCase Number
QBG-RG-00789-2020Practice Area
Civil litigationAmount
$ 7,500Winner
ApplicantTrial Start Date
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