Dispute over noise from a common area lounge affecting Aubin’s unit.
Initial ruling favored Aubin, requiring the Corporation to improve wall soundproofing.
Corporation’s compliance revealed construction issues, including asbestos.
Positions
Corporation: Sought $95,803 (50% legal indemnity) or Schedule C costs with a multiplier of three.
Aubin: Argued costs claim lacked evidence and should be limited to the appeal and one court appearance.
Legal Framework
Rules: Costs awarded to the successful party (r 10.29), with court discretion (r 10.31). Factors include result, success degree, claim amount, issue importance, complexity, and party conduct (r 10.33).
Case Law: McAllister v Calgary allows lump sum costs; costs must be proportionate and not oppressive.
Decision
Indemnification Costs: Rejected as disproportionate and unsupported by evidence.
Schedule C Costs: Appropriate due to low monetary stakes and straightforward issue. Multiplier applied due to Corporation's reasonable but refused remediation offer.
Conclusion
Award: Costs under Schedule C, Column 1, multiplied by 1.5 for the appeal. No multiplier for other steps. The document does not specify an exact total amount awarded.
Next Step: Assessment Officer to review the Bill of Costs for disputes.
