McAllister v Calgary (City),
| Judge | The Honourable Mr. Justice Brian O’Ferrall,The Honourable Madam Justice Elizabeth Hughes,The Honourable Madam Justice Jolaine Antonio |
| Neutral Citation | 2021 ABCA 25 |
| Docket Number | 1901-0003-AC |
| Citation | 2021 ABCA 25 |
| Date | 27 January 2021 |
| Court | Court of Appeal (Alberta) |
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48 practice notes
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Balogun v Pandher, 2021 ABCA 422
...law, a palpable error in the assessment of the facts, or an unreasonable exercise of the discretion: McAllister v Calgary (City), 2021 ABCA 25 at paras Mr Balogun’s Appeal [67] On August 14, 2003, the date of the summary judgment application,......
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Optrics Inc. v Lloyd's Underwriters,
...applicable law, a palpable error in the assessment of the facts, or an unreasonable exercise of discretion: McAllister v Calgary (City), 2021 ABCA 25 at paras 17-18. Policy Interpretation [39] Whether or not the 2016-2017 Underwriters are bound by t......
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TM v TA,
...In the alternative, the Father seeks party and party costs of 50 percent of actual costs: McAllister v Calgary (City), 2021 ABCA 25 at para [99] Costs are always at the discretion of the Court. Given the circumstances of this case,......
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JWS v CJS aka CJH,
...as to the applicable law, or a palpable error in the assessment of the facts, this Court ought to intervene: McAllister v Calgary (City), 2021 ABCA 25 at paras 17-18. [30] The Father asserts that the lower court justice misapprehended relevant facts and erroneously rendered the Costs Decisi......
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47 cases
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Balogun v Pandher, 2021 ABCA 422
...law, a palpable error in the assessment of the facts, or an unreasonable exercise of the discretion: McAllister v Calgary (City), 2021 ABCA 25 at paras Mr Balogun’s Appeal [67] On August 14, 2003, the date of the summary judgment application,......
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JBRO Holdings Inc v Dynasty Power Inc,
...the remedy. The general rule is that a successful party is entitled to costs against the unsuccessful party: McAllister v Calgary (City), 2021 ABCA 25, para 21. The issue between the parties is the quantum of costs of the appeal and stay [17] &......
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Optrics Inc. v Lloyd's Underwriters,
...applicable law, a palpable error in the assessment of the facts, or an unreasonable exercise of discretion: McAllister v Calgary (City), 2021 ABCA 25 at paras 17-18. Policy Interpretation [39] Whether or not the 2016-2017 Underwriters are bound by t......
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AF v DS,
...error in the assessment of the facts, or an unreasonable exercise of the trial judge's discretion: McAllister v Calgary (City), 2021 ABCA 25 at paras Decision 16 As is sometimes the case, even when counsel are involved, the appellant confuses the deferential standard of review with the......
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7 firm's commentaries
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Cost Inflation In Alberta Litigation: The Grimes Multiplier
...increasing party costs to be based on a percentage of the winning party's actual fees and the decision in McAllister v Calgary (City), 2021 ABCA 25. Justice Graesser's decision suggests that those claiming that the Bench is moving away from Schedule C are prematurely and incorrectly coming ......
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ABCA Clarifies Approach To Determining A Successful Party's Entitlement To Costs
...Footnotes 1 Barkwell v McDonald, 2023 ABCA 87 [Barkwell]. 2 Matrimonial Property Act, RSA 2000, c M-8. 3 McAllister v Calgary (City), 2021 ABCA 25. 4 Barkwell at para 58 [emphasis 5 Barkwell at para 57 6 Barkwell at para 57. 7 Barkwell at para 60 8 Barkwell at para 57 9 Barkwell at para 58 ......
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ABKB Case Says McAllister Does Not Mean No Schedule C
...2023 ABKB 432 (R.A. Graesser), the Alberta Court of King's Bench interprets the "costs" decision of McAllister v City of Calgary, 2021 ABCA 25 to be more in line with traditional costs cases than it has sometimes been This post is a bit more technical than most of the material we post on, b......
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Costs Awards: Your Entitlement To Indemnity For Legal Expenses
...are generally applied without regard to the actual legal costs incurred by the successful party. However, in McAllister v Calgary (City), 2021 ABCA 25 ("McAllister"), the Alberta Court of Appeal clarified that Schedule C is not the default rule for making costs Costs awards are discretionar......
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