A.G. Clark Holdings Ltd v 1352986 Alberta Ltd
A.G. Clark Holdings Ltd
Law Firm / Organization
DLA Piper (Canada) LLP
Giebelhaus Developments Ltd
Law Firm / Organization
DLA Piper (Canada) LLP
CB Partners Corporation
Law Firm / Organization
DLA Piper (Canada) LLP
1352986 Alberta Ltd
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Brent Mielke

Redleaf Properties Corporation
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Brent Mielke

1354178 Alberta Ltd
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Brent Mielke

1352992 Alberta Ltd
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Brent Mielke

March 28, 2024 (Costs Endorsement):

  • Clark Builders’ liens were declared valid for $499,118.34 plus interest and GST.
  • Clark Builders sought solicitor-client full indemnity costs but was denied. The court found Clark was entitled to costs under Column 4 of Schedule C with a lump sum of $20,000 in addition to assessed costs.
  • The litigation was long and complex, but the court aimed for proportionality in the award, rejecting the claim for full indemnity costs?.

September 5, 2024 (Appeal Decision):

  • The appeal by Redleaf Properties was dismissed. The decision of March 2022 was upheld, confirming the lien amount of $499,118.34 plus interest.
  • The court found no genuine issue for trial, supporting Clark Builders' evidence over the objections raised by Redleaf?.

October 18, 2024 (Costs for the Appeal):

  • Clark Builders was awarded 60% of its actual costs for successfully defending the appeal, amounting to $34,668.
  • The court rejected the lower costs under Schedule C (Column 5) as inadequate, citing the protracted nature of the litigation?.

Total Awards:

  • Original lien award: $499,118.34 + interest and GST.
  • Costs from the March decision: Lump sum of $20,000 plus Column 4, Schedule C.
  • Appeal costs: $34,668.
  • Thus, the total monetary award to Clark Builders exceeds $553,786.34, plus interest and additional costs pending assessment.

Overall, Clark Builders succeeded in both the initial ruling and on appeal, securing significant cost recovery.

Court of King's Bench of Alberta
1103 14128
Corporate & commercial law
$ 553,786
Plaintiff