Elder Advocates of Alberta Society v Alberta Health Services, 2021 ABCA 67

JurisdictionAlberta
JudgeThe Honourable Mr. Justice Brian O’Ferrall,The Honourable Madam Justice Frederica Schutz,The Honourable Madam Justice Jo'Anne Strekaf
Docket Number2003-0036-AC 2003-0038-AC
Citation2021 ABCA 67
CourtCourt of Appeal (Alberta)
Date22 February 2021

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11 practice notes
  • LY v RY
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • January 10, 2025
    ...on a party's ability to pay. Impecuniosity is not a basis to refuse costs: Elder Advocates of Alberta Society v. Alberta Health Services, 2021 ABCA 67 at para. 49; Anderson v Canada Safeway Limited, 2005 ABCA 3 at para 3. However, it has been held that a party's ability to pay costs is a re......
  • Award Of No Costs A Cautionary Tale For Defendants Of Class Actions
    • Canada
    • Mondaq Canada
    • March 25, 2021
    ...recent decision of Elder Advocates of Alberta Society v Alberta Health Services, 2021 ABCA 67, the Alberta Court of Appeal put to bed a class action that spent over 15 years in various levels of court, in confirming that the Plaintiffs did not have to pay any costs to the Province of Albert......
  • Zawawi v Naim
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • September 17, 2025
    ...costs… 13 Further, costs are not to punish, penalize or benefit a party: Elder Advocates of Alberta Society v Alberta Health Services, 2021 ABCA 67 at para 50. Rather they are intended to provide some indemnification for legal fees and to encourage settlement and litigation 14 In fashioning......
  • Gateway Bible Baptist Church et al. v. Manitoba et al.
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • February 1, 2022
    ...on costs and leave to appeal to the Supreme Court of Canada was denied (see Elder Advocates of Alberta Society v. Alberta Health Services, 2021 ABCA 67). [24]      The jurisprudence discussed above clearly suggests that the public interest nature of a case may be re......
  • Get Started for Free
10 cases
  • LY v RY,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • January 10, 2025
    ...on a party's ability to pay. Impecuniosity is not a basis to refuse costs: Elder Advocates of Alberta Society v. Alberta Health Services, 2021 ABCA 67 at para. 49; Anderson v Canada Safeway Limited, 2005 ABCA 3 at para 3. However, it has been held that a party's ability to pay costs is a re......
  • Zawawi v Naim,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • September 17, 2025
    ...costs… 13 Further, costs are not to punish, penalize or benefit a party: Elder Advocates of Alberta Society v Alberta Health Services, 2021 ABCA 67 at para 50. Rather they are intended to provide some indemnification for legal fees and to encourage settlement and litigation 14 In fashioning......
  • Gateway Bible Baptist Church et al. v. Manitoba et al.,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • February 1, 2022
    ...on costs and leave to appeal to the Supreme Court of Canada was denied (see Elder Advocates of Alberta Society v. Alberta Health Services, 2021 ABCA 67). [24]      The jurisprudence discussed above clearly suggests that the public interest nature of a case may be re......
  • Lutz v Lutz,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • April 18, 2023
    ...Pharand Ski Corporation v Alberta (1991), 81 Alta LR (2d) 304 at 398; and Elder Advocates of Alberta Society v Alberta Health Services, 2021 ABCA 67 at para D.  Analysis [9]               I will begin by considering ......
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1 firm's commentaries
  • Award Of No Costs A Cautionary Tale For Defendants Of Class Actions
    • Canada
    • Mondaq Canada
    • March 25, 2021
    ...recent decision of Elder Advocates of Alberta Society v Alberta Health Services, 2021 ABCA 67, the Alberta Court of Appeal put to bed a class action that spent over 15 years in various levels of court, in confirming that the Plaintiffs did not have to pay any costs to the Province of Albert......