Argentia Beach (Summer Village) v. Warshawski and Conroy, (1990) 106 A.R. 222 (CA)

• Judge: Bracco, Hetherington and Côté, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: Monday April 23, 1990
• Citations: (1990), 106 A.R. 222 (CA)

Argentia Beach v. Warshawskid (1990), 106 A.R. 222 (CA)

MLB headnote and full text

Stanley J. Warshawski and Frederick D. Conroy (appellants/respondents) v. Summer Village of Argentia Beach (respondent/applicant)

(Appeal Nos. 8903-0824-AC and 8903-0627-AC)

Indexed As: Argentia Beach (Summer Village) v. Warshawski and Conroy

Alberta Court of Appeal

Bracco, Hetherington and Côté, JJ.A.

April 23, 1990.

Summary:

Local residents sued the county over its proposal to sell park and reserve lands. A village was incorporated during the litigation but refused to participate in the litigation. The county obtained a judgment permitting the sale of one reserve parcel and permanently enjoining the sale of others. Title to the reserve lands was transferred to the village. Twelve and a half years after the judgment, the village applied for a declaration that it was not bound by the judgment. The trial judge allowed the village's action. The local residents appealed.

The Alberta Court of Appeal, in a judgment reported 105 A.R. 35, allowed the appeal and held that the village was bound by the judgment. The respondent applied for clarification of two items respecting costs.

The Alberta Court of Appeal resolved the issues.

Practice - Topic 7138

Costs - Party and party costs - Disbursements - Computer research - The Alberta Court of Appeal stated that computer searching, whether in-house or contracted out, was not a disbursement - The court stated that it was more akin to legal research or other work done by a lawyer - The court stated that if a party wishes more than the schedule provides for costs, he must make a special submission to convince the court that the amount was inadequate.

Statutes Noticed:

Rules of Court (Alta.), rule 600.

Counsel:

D.C. Rolf, for the appellants;

J.D. Blair, for the respondent.

This matter was heard before Bracco, Hetherington and Côté, JJ.A., of the Alberta Court of Appeal.

On April 23, 1990, the following decision was delivered by the court.