Kent v MacDonald, 2020 ABQB 29

JudgeHonourable Madam Justice A. Loparco
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateJanuary 10, 2020
JurisdictionAlberta
Citations2020 ABQB 29
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12 practice notes
  • 956126 Alberta Ltd v JMS Alberta Co Ltd, 2021 ABQB 121
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 17, 2021
    ...Zubick v Alberta Teachers’ Association, 2008 ABQB 241 at paras 20-21 [Zubick], aff’d by 2008 ABCA 136; Kent v MacDonald, 2020 ABQB 29 at para 9; Daniels v Westfair Foods Ltd, 2006 ABQB 878 at para 3; Ontario v Rothmans Inc, 2013 ONCA 353 at paras 143-150; Wadden v BMO Nesbitt ......
  • ILI's Painting Services Ltd v Homes by Bellia Inc, 2020 ABQB 372
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 17, 2020
    ...No magic words are needed. [27] Therefore, the Court should undertake the examination summarized by Justice Loparco in Kent v MacDonald, 2020 ABQB 29 at para 16, where she held that informal offers should operate to enhance costs a) the offer was a reasonable, genuine compromise; b) it gave......
  • Battaglini v Battaglini,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 4, 2021
    ...than if the offer was accepted”: EAD at para 37; Eggers v Rocky Mountain Soap Company Inc, 2016 ABPC 254 at para 17; Kent v MacDonald, 2020 ABQB 29 at para 16 [Kent]. However, other authorities conclude that the analysis is not restricted to achieving a “better result” in court. [63] In Cor......
  • Kent v MacDonald,
    • Canada
    • Court of Appeal (Alberta)
    • July 29, 2021
    ...Damages were set at $113,064.71, with fault apportioned 75% to Mr White and 25% to Mr MacDonald and Ms McEachen. In her costs decision (2020 ABQB 29), the trial judge ordered costs, disbursements, and other charges as set out in the bill of costs of Mr Kent and Ms Tomsky, excluding second c......
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10 cases
  • 956126 Alberta Ltd v JMS Alberta Co Ltd, 2021 ABQB 121
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 17, 2021
    ...Zubick v Alberta Teachers’ Association, 2008 ABQB 241 at paras 20-21 [Zubick], aff’d by 2008 ABCA 136; Kent v MacDonald, 2020 ABQB 29 at para 9; Daniels v Westfair Foods Ltd, 2006 ABQB 878 at para 3; Ontario v Rothmans Inc, 2013 ONCA 353 at paras 143-150; Wadden v BMO Nesbitt ......
  • ILI's Painting Services Ltd v Homes by Bellia Inc, 2020 ABQB 372
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 17, 2020
    ...No magic words are needed. [27] Therefore, the Court should undertake the examination summarized by Justice Loparco in Kent v MacDonald, 2020 ABQB 29 at para 16, where she held that informal offers should operate to enhance costs a) the offer was a reasonable, genuine compromise; b) it gave......
  • Battaglini v Battaglini,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 4, 2021
    ...than if the offer was accepted”: EAD at para 37; Eggers v Rocky Mountain Soap Company Inc, 2016 ABPC 254 at para 17; Kent v MacDonald, 2020 ABQB 29 at para 16 [Kent]. However, other authorities conclude that the analysis is not restricted to achieving a “better result” in court. [63] In Cor......
  • Kent v MacDonald,
    • Canada
    • Court of Appeal (Alberta)
    • July 29, 2021
    ...Damages were set at $113,064.71, with fault apportioned 75% to Mr White and 25% to Mr MacDonald and Ms McEachen. In her costs decision (2020 ABQB 29), the trial judge ordered costs, disbursements, and other charges as set out in the bill of costs of Mr Kent and Ms Tomsky, excluding second c......
  • Request a trial to view additional results
2 firm's commentaries
  • Case Comment On ILI's Painting Services Ltd. V. Homes By Bellia Inc., 2020 ABQB 372
    • Canada
    • Mondaq Canada
    • August 15, 2020
    ...upon it as a bona fide offer and a basis for awarding enhanced costs. Instead, the Court relied on factors set out in Kent v. MacDonald, 2020 ABQB 29 which set out that if offer is a reasonable and genuine compromise, gives a cost advantage if accepted, provides adequate time for considerat......
  • Clarifying The Impact Of Informal Offers On Cost Calculations
    • Canada
    • Mondaq Canada
    • August 17, 2020
    ...upon it as a bona fide offer and a basis for awarding enhanced costs. Instead, the Court relied on factors set out in Kent v. MacDonald, 2020 ABQB 29 which set out that if offer is a reasonable and genuine compromise, gives a cost advantage if accepted, provides adequate time for considerat......

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