2024 ABKB 695 Decision (November 25, 2024)

• Applications Considered:
  • The brokers sought to strike security for costs and restricted court access applications.
  • NE2 Canada Inc. and Timothy Gunn sought clarification on a previous court direction regarding filing cross-examination transcripts.
• Rulings:
  • The brokers’ strike application was denied. The court ruled that cross-examination transcripts and supporting affidavits were relevant and could not be withdrawn.
  • NE2 and Gunn were permitted to file the cross-examination transcripts with redactions.
  • The previous court order prohibiting the dissemination of the Gunn Affidavit was not extended.
• Costs: NE2 and Gunn were entitled to costs, with parties given 60 days to agree or submit written submissions.

2025 ABKB 87 Decision (February 18, 2025)

• Issue: Determination of costs following the November 2024 ruling.
• Key Findings:
  • NE2 sought $434,347.42 in costs (50% of its legal fees over 1.5 years).
  • The brokers accepted liability for costs but argued for a lower amount based on Alberta’s Schedule C guidelines.
  • The court found NE2’s cost claim lacked necessary details and directed them to provide further breakdowns.
  • The brokers’ proposed cost amount was also deemed inadequate.
• Next Steps: NE2 must provide more cost details, after which parties will attempt resolution. If unresolved, they may submit brief written arguments, with potential case management.

Final Outcome

• NE2 and Gunn succeeded in the 2024 decision, allowing the filing of key litigation documents.
• The brokers were ordered to pay costs, but the exact amount remains undetermined pending further submissions.
• No specific monetary amount has been awarded yet.