G.B.G.R. v. D.L.S. and B.D.W., (1988) 87 A.R. 318 (QB)

• Judge: Moshansky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 08, 1988
• Citations: (1988), 87 A.R. 318 (QB)

G.B.G.R. v. D.L.S. (1988), 87 A.R. 318 (QB)

MLB headnote and full text

In The Matter Of The Domestic Relations Act, being Chapter D-37, R.S.A. 1980, and amendments thereto;

And In The Matter Of an application for the guardianship of the infant child, Baby Boy S., born on the 8th day of May, A.D. 1987

G.B.G.R. and L.E.R. a.k.a. L.E.R. (plaintiffs) v. D.L.S., and B.D.W. (defendants)

B.D.W. (plaintiff by counterclaim) v. G.B.G.

G.B.G.R. and L.E.R. and D.L.S. (defendants by counterclaim)

(No. 8701-08225)

Indexed As: G.B.G.R. v. D.L.S. and B.D.W.

Alberta Court of Queen's Bench

Judicial District of Calgary

Moshansky, J.

February 8, 1988.

Summary:

After a three week trial an order for adoption was made respecting a child. The Alberta Court of Queen's Bench dismissed a claim for guardianship by the biological father of the child. The judgment below deals with a claim for an award of costs against the lawyer for the father which was dismissed.

Barristers and Solicitors - Topic 851

Duty to court - Liability for costs - For conduct of trial - Rules of Court (Alta.), rule 602 - A biological father applied to be appointed guardian of a child - The trial took three weeks and the application was dismissed - The defendants applied for an order for costs against the father's lawyer because of unnecessary actions and negligence by the lawyer in the conduct of the trial - The Alberta Court of Queen's Bench refused in the circumstances to award costs against the lawyer.

Cases Noticed:

Semenoff v. Pidwerbisky (1955), 14 W.W.R.(N.S.) 322, refd to. [para. 3].

Hut v. General Exchange Insurance Corporation (1958), 26 W.W.R.(N.S.) 143, refd to. [para. 3].

Kennedy v. Kennedy (1959), 27 W.W.R.(N.S.) 295, refd to. [para. 3].

Geller v. Brisseua, [1979] 6 W.W.R. 416; 20 A.R. 317 (B.C.C.A.), refd to. [para. 4].

Abraham v. Jutsun, [1963] 1 W.L.R. 658, refd to. [para. 4].

Statutes Noticed:

Rules of Court (Alta.), rule 602 [para. 2].

Counsel:

M.L. Graham, for the plaintiffs;

G. Nickless, for the defendant D.L.S.;

R.W. Ady, for the defendant B.D.W.;

R.C. Maybank, for the Intervenor;

M.A. McConaghy, for the Director of Child Welfare.

This case was heard by Moshansky, J., of the Alberta Court Queen's Bench. The decision of Moshansky, J., was delivered at Calgary, Alberta, on February 8, 1988.