Lalli v. Chawla, (1997) 203 A.R. 27 (QB)

• Judge: Johnstone, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 04, 1997
• Citations: (1997), 203 A.R. 27 (QB)

Lalli v. Chawla (1997), 203 A.R. 27 (QB)

MLB headnote and full text

Temp. Cite: [1997] A.R. TBEd. MY.070

Sukhbir Singh Lalli (plaintiff) v. Joginder Chawla (defendant) (Action No. 9403-14811)

Sukhbir Singh Lalli (plaintiff) v. Richard Frost (defendant)

(Action No. 9403-14812)

Indexed As: Lalli v. Chawla

Alberta Court of Queen's Bench

Judicial District of Edmonton

Johnstone, J.

May 8, 1997.

Summary:

The parties settled on the eve of trial. The plaintiff received $335,000 in settlement of two separate motor vehicle accidents. The settlement was apportioned between the two defendants. At issue was the appropriate party and party costs to be awarded the plaintiff. Also, at issue was the appropriate apportionment of common costs between the defendants.

The Alberta Court of Queen's Bench de­termined the issues accordingly.

Practice - Topic 7084

Costs - Party and party costs - Witness fees and costs of preparation for trial or appeal - Witnesses - Preparation for trial - The parties settled on the eve of trial - The successful plaintiff presented a bill of costs, including fees for witnesses - The Alberta Court of Queen's Bench deter­mined that counsel must meet with the witnesses for the purpose of briefing in order for a witness fee to be awarded - See paragraph 32 to 39.

Practice - Topic 7110

Costs - Party and party costs - Special orders - Increase in scale of costs - The parties settled on the eve of trial - The settlement was apportioned between the two defendants - Frost was to pay $17,000 damages and Chawla $318,000 - The successful plaintiff sought costs times an inflationary factor from Frost and costs times a multiple of two from Chawla - The Alberta Court of Queen's Bench awarded the plaintiff the costs claimed - See para­graphs 5 to 24.

Practice - Topic 7138

Costs - Party and party costs - Disburse­ments - Computer research - The parties settled on the eve of trial - The plaintiff presented his bill of costs including dis­bursements for computer research - The Alberta Court of Queen's Bench declined to allow the disbursements - The court stated that "computer research is a mech­anical substitute for a lawyer's time spent in preparing for trial to which Schedule 'C' is deemed to apply. That is not to say that in appropriate circumstances it would not be an appropriate disbursement. How­ever, something more must be demonstrated to justify its award" - See paragraphs 25 to 29.

Cases Noticed:

Lines v. Brink et al. (1994), 160 A.R. 341; 24 Alta. L.R.(3d) 227 (Q.B.), refd to. [para. 4].

Pharand Ski Corp. v. Alberta (1992), 122 A.R. 395 (Q.B.), refd to. [para. 5].

Calbar Securities Ltd. v. Toole Peet Co. et al. (1984), 50 A.R. 393; 30 Alta. L.R.(2d) 286 (C.A.), refd to. [para. 6].

Claudio's Restaurant Group Inc. and Lamonaco v. Calgary (City) (1994), 147 A.R. 355; 15 Alta. L.R.(3d) 141 (Q.B.), refd to. [para. 8].

Green Drop Ltd. v. Schwormstede (1994), 155 A.R. 302; 72 W.A.C. 302; 22 Alta. L.R.(3d) 89 (C.A.), refd to. [para. 8].

Mackie v. Wolfe (1994), 159 A.R. 148; 23 Alta. L.R.(3d) 400 (Q.B.), refd to. [para. 8].

Dilcon Constructors Ltd. v. ANC Devel­opments Inc. (1996), 189 A.R. 161 (Q.B.), refd to. [para. 8].

Waterous Investments Inc. v. Liverton Hold­ings Ltd. (1996), 183 A.R. 229 (Q.B.), refd to. [para. 8].

Gainers Inc. v. Pocklington Holdings Inc. (1995), 179 A.R. 91 (Q.B.), refd to. [para. 8].

218125 Investments Ltd. v. Patel, [1995] A.J. No. 1222 (Q.B.), refd to. [para. 8].

Miller (Ed) Sales and Rentals Ltd. v. Cat­er­pillar Tractor Co. et al. (1994), 170 A.R. 341 (Q.B.), refd to. [para. 8].

Morrison v. Smithson (1997), 202 A.R. 194 (Q.B.), refd to. [para. 9].

Lee et al. v. Leeming (1985), 61 A.R. 18 (Q.B.), refd to. [para. 26].

Westco Storage Ltd. et al. v. Inter-City Gas Utilities Ltd. et al., [1988] 4 W.W.R. 396; 53 Man.R.(2d) 130 (Q.B.), refd to. [para. 26].

Sidorsky et al. v. CFCN Communica­tions Ltd. et al. (1995), 167 A.R. 181; 27 Alta. L.R.(3d) 296 (Q.B.), refd to. [para. 27].

Argentia Beach (Summer Village) v. Warshawski and Conroy (1990), 106 A.R. 222 (C.A.), refd to. [para. 28].

Counsel:

Darrell E. Elgert, for the plaintiff;

Nancy E. Cumming, for the defendant, Chawla;

Sandra L. Corbett, for the defendant, Frost.

This application was heard on April 4, 1997, before Johnstone, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on May 8, 1997.