Can a court award costs in litigation over money or marketable commodities such as inventory?
Alberta, Canada
The following excerpt is from Metz v. Weisgerber, 2004 ABCA 151 (CanLII):
I can see no reason why costs should be limited to suits over money or marketable commodities. The rights and wrongs and expenses are the same with or without money or merchandise. Courts routinely award costs in litigation over administrative law, employment, injunctions, and professional discipline, for instance. Yet no money or inventory is battled over there. Though one cannot measure a custody award in dollars, it is usually plain which side’s contentions prevailed at the end: see MacMinn v. MacMinn, supra.
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