Background:
- Plaintiff, Caylan Ford, initially sought guidance on who to name as a defendant due to structural irregularities in the Alberta New Democratic Party (Alberta NDP).
- The Federal NDP Association sought to strike or dismiss the Plaintiff's claim, asserting it should not be named a defendant.
Key Legal Proceedings:
-
Applications Judge Stage:
- An agreement was reached that the Alberta NDP would appoint a representative with indemnity, allowing the Federal NDP Association to exit the case.
- Alberta NDP failed to honor this agreement.
- The Applications Judge awarded substantial costs ($40,000+) to the Federal NDP Association without resolving the merits.
-
Appeal and Reconsideration:
- Justice Dario overturned the costs award against the Plaintiff and rejected the Federal NDP Association's application to strike/dismiss the claim.
Costs Decision:
- Plaintiff was entitled to costs for successfully contesting the Federal NDP's application and overturning the costs award.
- Costs of $22,680 (with a multiplier of 2) were awarded due to:
- Alberta NDP's misconduct in reneging on its agreement.
- Complexity of resolving structural irregularities in naming Alberta NDP as a defendant.
- Plaintiff's extensive but unsuccessful attempts to resolve issues amicably.
Liability:
- Costs are jointly and severally borne by Alberta NDP and Federal NDP Association, reflecting both procedural failures and unresolved liability questions.
Outcome: Justice Dario emphasized the delays and unnecessary complications caused by the Alberta NDP's conduct.
