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 The court ruled that cross-examination transcripts and supporting affidavits were relevant and could not be withdrawn.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.