Appellant
Respondent
Case Overview:
The case involved an appeal regarding costs after the dismissal of Geophysical Service Incorporated’s claims against the respondents.
Legal Arguments/Issues:
Double Costs for Factum Preparation (Item 19(1)):
The respondents argued for double costs due to formal settlement offers served on June 13, 2023, two days before filing their joint factum. The appellant contended that these offers were timed to trigger cost penalties rather than encourage settlement. The court applied principles from H2S Solutions Ltd v. Tourmaline Oil Corp and found that the offers constituted genuine compromises.
Second Counsel Fees (Item 20(b)):
BP Canada Energy Group ULC sought second counsel fees, which the appellant opposed. The court found the case record was not complex enough to justify second counsel fees and ruled against BP on this issue.
Costs Awarded:
The court awarded double costs under Column 5 of Schedule C of the Alberta Rules of Court for factum preparation (Item 19(1)) and other appeal items (Items 19(2) and 20(a)) to the respondents. The exact monetary total was not detailed in the judgment.
Key Outcomes:
Double costs awarded to the respondents for specific items.
BP Canada Energy Group ULC was denied second counsel fees.
No additional costs were ordered for the application to settle costs.
Court
Court of Appeal of AlbertaCase Number
2201-0267ACPractice Area
Civil litigationAmount
Winner
RespondentTrial Start Date
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