Case Background
- The plaintiffs sued the defendant for defamation and were largely successful, except for the exclusion of the "BMO Email" from the defamatory statements.
- Each plaintiff was awarded $40,000 in general and aggravated damages.
Costs Endorsement by Justice N.E. Devlin
- Plaintiffs’ Entitlement: The plaintiffs were entitled to costs under Alberta Rules of Court, considering factors like conduct, complexity, and the outcome of the litigation.
- Plaintiffs’ Case: The plaintiffs' case was presented concisely over 3.5 days, with the defense extending the trial to 12 days.
- Defendant’s Conduct: Ms. Prpick, self-represented, presented her case professionally but with no merit, causing excessive litigation time and costs.
Cost Determination
- Plaintiffs’ Costs: Legal costs claimed were over $130,000, justified by the protracted litigation process and repeated adjournments.
- Multiplier Applied: A 2.5 times multiplier on Column 2 of Schedule C was sought, but a two-times multiplier was deemed appropriate, leading to costs of $83,760.
- Additional Costs: Including disbursements and GST, the total cost award was $98,714.97.
Court’s Rationale
- Litigation Norms: Costs awards aim to discourage frivolous claims and improper litigation behavior, promoting rational decision-making and access to justice.
- Defendant’s Claims: Ms. Prpick’s unfounded allegations required significant resources to counter, thus justifying enhanced costs for the plaintiffs.
- Proportionality: Full solicitor and client indemnity was not warranted due to the trial’s overall conduct, but proportional enhancement was necessary for justice.
Conclusion
- Total Award: $98,714.97 against Ms. Prpick, emphasizing the consequences of advancing unsupported allegations in a prolonged trial.
