Ma v. Coyne, [2016] A.R. TBEd. AP.095

• Judge: Martin, Rowbotham and O'Ferrall, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: April 21, 2016
• Citations: [2016] A.R. TBEd. AP.095;2016 ABCA 119

Ma v. Coyne, [2016] A.R. TBEd. AP.095

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Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2016] A.R. TBEd. AP.095

Jian Guang Ma, Guo Chi Ma and Mei Fang Ma (respondents/plaintiffs/respondents) v. Delainey Lauren Coyne (appellant/defendant/appellant)

Maggie YanYan Wen (respondent/plaintiff/respondent) v. Karen L. Bader (appellant/defendant/appellant)

(1501-0072-AC; 2016 ABCA 119)

Indexed As: Ma v. Coyne

Alberta Court of Appeal

Martin, Rowbotham and O'Ferrall, JJ.A.

April 21, 2016.

Summary:

The defendant insurer appealed from an assessment officer's decision that allowed translation expenses (interpreter) that had been incurred before a statement of claim had been filed. The issues were (1) were disbursements for interpreter's fees a recoverable cost if they were incurred prior to the action's commencement, and (2) if so, was the assessment officer's award reasonable and proper in the circumstances.

The Alberta Court of Queen's Bench, in a judgment reported (2013), 568 A.R. 30, held that pre-commencement interpreter's fees were a recoverable disbursement that was within an assessment officer's authority to award. The defendant appealed.

The Alberta Court of Appeal dismissed the appeal.

Practice - Topic 7131.1

Costs - Party and party costs - Disbursements - Expenses incurred before proceedings commenced - The defendant insurer appealed from an assessment officer's decision that allowed translation expenses that had been incurred before a statement of claim had been filed - The insurer asserted that the assessment officer had erred in principle in allowing pre-commencement costs given that there was binding authority (Bow Island (Municipal District) v. Wortz (1921 Alta. C.A.)) that directed otherwise - The trial judge rejected this argument - Rule 10.41 of the Rules of Court allowed an assessment officer to determine whether costs incurred by a party "to file an application" were reasonable and proper - This represented a change from the old rules in that the phrase "to file an application" had been added, expanding the assessment officer's authority - "To file an application" included all reasonable steps that led up to the filing of an application, including pre-commencement translation costs - Wortz was distinguishable by the change in the rule's language - The Alberta Court of Appeal affirmed that fees incurred prior to commencement of the action were recoverable costs and within the assessment officer's authority to award - The court stated that "The plain wording of rr 10.31 and 10.41 contemplate that reasonable and proper costs of steps taken to file an application or to take proceedings are compensable".

Practice - Topic 7145

Costs - Party and party costs - Disbursements - Items essential or reasonably necessary to conduct of action or appeal - [See Practice - Topic 7131.1 ].

Practice - Topic 7150.9

Costs - Party and party costs - Disbursements - Translation or interpretation services - [See Practice - Topic 7131.1 ].

Counsel:

T.J. Boyle, for the respondents;

K.B. Blake, for the appellants.

This appeal was heard on April 14, 2016, at Calgary, Alberta, before Martin, Rowbotham and O'Ferrall, JJ.A., of the Alberta Court of Appeal.

On April 21, 2016, the following memorandum of judgment was delivered by the Court.