Great North Equipment Inc v Penney
Great North Equipment Inc
1185641 BC Ltd
Bradley Penney
Law Firm / Organization
McLennan Ross LLP
Law Firm / Organization
McAllister LLP
Neil MacDonald
Law Firm / Organization
McLennan Ross LLP
Law Firm / Organization
McAllister LLP
Dustin Monilaws
Law Firm / Organization
McLennan Ross LLP
Law Firm / Organization
McAllister LLP
Paloma Pressure Control LLC
Paloma PC Holdings LLC
Paloma Pressure Control Canada Ltd
Indeed Oil Field Supply LLC
Law Firm / Organization
Not Specified
Indeed Alberta Corp
Law Firm / Organization
Not Specified
  • Background:

    • Appeals involve Great North Equipment Inc and 1185641 BC Ltd (Appellants) against Bradley Penney, Neil MacDonald, Dustin Monilaws, Paloma Pressure Control LLC, Paloma PC Holdings LLC, and Paloma Pressure Control Canada Ltd (Respondents).
    • The decision concerns costs following previous rulings, including 2025 ABCA 16 and interlocutory decisions.
  • Cost Rulings:

    1. Appeal 2401-0220AC (Interlocutory Ruling – Justice Dilts):
      • Each party bears its own costs.
    2. Appeal 2401-0238AC (Order – Justice Lema):
      • Costs between Great North Equipment Inc / 1185641 BC Ltd and the Paloma respondents will be determined by the Court of King’s Bench at the conclusion of the litigation (Alberta Rules of Court, r 14.88(3)).
      • Calderbank offers will not affect cost determinations in this appeal.
  • Costs for Individual Respondents (Penney, MacDonald, Monilaws)

    • Penney (one party) and MacDonald & Monilaws (jointly, one party) must elect by February 27, 2025, to either:
      a) Seek costs in the cause at the Court of King’s Bench, or
      b) Accept a fixed award of $15,000 each ($30,000 total) from the appellants.
    • If no election is made, option (b) applies.
  • Final Notes:

    • No costs awarded for submissions on costs.
    • The Court of King’s Bench retains discretion over all prior accumulated costs.
Court of Appeal of Alberta
2401-0220AC/; 2401-0238AC
Corporate & commercial law
Respondent