Background

• Parties Involved:
  • Wood Group Canada Inc. and Barry Bauhuis challenged the Association of Professional Engineers and Geoscientists of Alberta (APEGA).
  • CNOOC Petroleum North America ULC intervened to support APEGA.
• Underlying Dispute: Wood Group and Bauhuis sought disclosure from APEGA related to reports and questioning, claiming procedural unfairness.
• Previous Ruling: The application was dismissed, with APEGA not obligated to disclose. Costs remained undecided.

Costs Hearing Rulings

1. APEGA vs. Wood Group:

   • Award: Costs awarded to APEGA under Column 1 of Schedule C, as this was an interlocutory application.
   • Reasoning: APEGA successfully defended the application.

2. APEGA vs. Bauhuis:

   • Award: Costs awarded to APEGA under Column 1 of Schedule C.
   • Reasoning: Bauhuis, though a non-party, actively participated, meriting inclusion in cost liability.

3. CNOOC vs. Wood Group:

   • Outcome: No costs awarded.
   • Reasoning: Mixed success; CNOOC’s privilege argument was unsuccessful.

4. CNOOC vs. Bauhuis:

   • Outcome: No costs awarded.
   • Reasoning: Mixed success in arguments similar to those against Wood Group.

5. Application to Compel (CNOOC vs. Wood Group):

   • Award: Costs awarded to CNOOC under Column 1 of Schedule C.
   • Reasoning: CNOOC was successful in defending most objections and refusals during cross-examination.

6. Application to Compel (CNOOC vs. Bauhuis):

   • Outcome: No costs awarded.
   • Reasoning: Bauhuis’s involvement was minimal, and the dispute centered on CNOOC and Wood Group.

Conclusion

The court exercised discretion under Alberta’s Rules of Court, emphasizing proportionality and reasonableness in awarding costs based on involvement and success in each procedural aspect.