Background:
In Schaworski v. Unrau, Stanley James Schaworski filed a claim against Rick Unrau on May 15, 2023, seeking $67,885.37 for a construction-related dispute. A default judgment of $74,032.92 was granted against Unrau when he failed to respond. Unrau later moved to set aside the default judgment.

Legal Arguments:
Unrau argued he was not properly served and that the judgment should be set aside due to a miscommunication between his former lawyer and Schaworski’s counsel. He claimed an ongoing intention to defend the case. Schaworski initially opposed the motion, leading to cross-examinations on affidavits. The default judgment was set aside by consent, but the dispute continued over who should bear the costs.

Costs Dispute:
Unrau requested solicitor and client costs of $15,674.23, or elevated costs if that was denied. Schaworski argued he had acted within his rights by using court procedures and should not bear substantial costs. He requested that either costs be awarded to him or reduced tariff costs be imposed.

Court's Decision:
The court found that Schaworski’s opposition unnecessarily prolonged the process and awarded costs to Unrau. However, it denied solicitor and client costs, instead granting elevated costs. Schaworski was ordered to pay $6,500 in total costs, inclusive of disbursements, GST, and RST, by January 31, 2025.