Can a cost award that indemnifies an innocent party where that person faces OPCA litigation have merit?
Alberta, Canada
The following excerpt is from Meads v. Meads, 2012 ABQB 571 (CanLII):
A cost award that indemnifies an innocent party has merit where that person faces OPCA litigation, at least for the portions of an action that relates to an OPCA concept, argument, or strategy. Frequently that may be either on a full indemnity, solicitor and own client basis, or an elevated solicitor and client costs award. Moen J. has recently reviewed the criteria for elevated cost awards of this kind in Brown v. Silvera, 2010 ABQB 224 at paras. 29-35, 488 A.R. 22.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a court award costs on an indemnity basis or solicitor-client basis rather than party-party basis? (Alberta, Canada)
Is a court bound by law to award costs in favour of the successful party against the unsuccessful party? (Alberta, Canada)
What is the legal test for refusing to award an award of interest in a personal injury case? (Alberta, Canada)
What is the basis for the principle that a person who is not a party to the same type of accommodation as a party is entitled to a similar accommodation? (Alberta, Canada)
What are the consequences of a court awarding a lump sum award of costs in a personal injury case? (Alberta, Canada)
Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
What is the test for awarding costs to the successful litigant? (Alberta, Canada)
In a personal injury action, can a party who sent a letter suggesting a settlement be used as Exhibit K in an affidavit? (Alberta, Canada)
What is the range of damages awarded to an injured party for failing to mitigate their injuries? (Alberta, Canada)
Is a third party dealing with a corporation not required to ensure that all internal regulations have been complied with where a document is regular on its face? (Alberta, Canada)
