Wasserman v Herold Estate
Adam Herold by his administrator ad litem Russell Herold
Law Firm / Organization
Nychuk & Company
Russell Herold
Law Firm / Organization
Nychuk & Company
Raelene Herold
Law Firm / Organization
Nychuk & Company
Jaxon Joseph by his administrator ad litem Chris Joseph
Law Firm / Organization
Nychuk & Company
Chris Joseph
Law Firm / Organization
Nychuk & Company
Andrea Joseph
Law Firm / Organization
Nychuk & Company
Logan Hunter by his administrator ad litem Shauna Nordstrom
Law Firm / Organization
Nychuk & Company
Shauna Nordstrom
Law Firm / Organization
Nychuk & Company
Peter Snaterse
Law Firm / Organization
Nychuk & Company
Jacob Leicht by his administrator ad litem Kurt Leicht
Law Firm / Organization
Nychuk & Company
Celeste Leicht
Law Firm / Organization
Nychuk & Company
Mark Cross by his administrator ad litem Brad Cross
Law Firm / Organization
Nychuk & Company
Brad Cross
Law Firm / Organization
Nychuk & Company
Marilyn Cross
Law Firm / Organization
Nychuk & Company
Jacob Wassermann
Carol Brons
The Government of Saskatchewan as represented by the Minister of Highways and Infrastructure
His Majesty the King, as represented by the Attorney General for Saskatchewan
The Government of Alberta, as represented by the Ministry of Transport
His Majesty the King, as represented by the Attorney General for Alberta
His Majesty the King of Canada, as represented by the Attorney General of Canada
Jaskirat Singh Sidhu
Adesh Deol Trucking Ltd.
Sukhmander Singh
Answer Trailer Rentals & Leasing Ltd.
Charlie’s Charters Ltd.
NFI Group Inc. operating as Motor Coach Industries
Premier Horticulture Ltee./Premier Horticulture Ltd.
Saskatchewan Government Insurance

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:

  1. Whether solicitor-client costs were warranted.

  2. If not, the appropriate amount of costs.

  3. Whether costs should be awarded against the opposing counsel personally.

  4. 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 of King's Bench for Saskatchewan
QBG-RG-00789-2020
Civil litigation
$ 7,500
Applicant