McAllister v Calgary (City),

CourtCourt of Appeal (Alberta)
JudgeThe Honourable Mr. Justice Brian O’Ferrall,The Honourable Madam Justice Elizabeth Hughes,The Honourable Madam Justice Jolaine Antonio
Neutral Citation2021 ABCA 25
Citation2021 ABCA 25
Date27 January 2021
Docket Number1901-0003-AC
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48 practice notes
  • Balogun v Pandher, 2021 ABCA 422
    • Canada
    • Court of Appeal (Alberta)
    • December 20, 2021
    ...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,......
  • Optrics Inc. v Lloyd's Underwriters,
    • Canada
    • Court of Appeal (Alberta)
    • January 27, 2022
    ...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......
  • TM v TA,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 13, 2022
    ...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,......
  • JWS v CJS aka CJH,
    • Canada
    • Court of Appeal (Alberta)
    • November 18, 2021
    ...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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39 cases
  • Balogun v Pandher, 2021 ABCA 422
    • Canada
    • Court of Appeal (Alberta)
    • December 20, 2021
    ...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,......
  • Optrics Inc. v Lloyd's Underwriters,
    • Canada
    • Court of Appeal (Alberta)
    • January 27, 2022
    ...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......
  • TM v TA,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 13, 2022
    ...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,......
  • JBRO Holdings Inc v Dynasty Power Inc,
    • Canada
    • Court of Appeal (Alberta)
    • July 27, 2022
    ...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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7 firm's commentaries
  • Cost Inflation In Alberta Litigation: The Grimes Multiplier
    • Canada
    • Mondaq Canada
    • January 12, 2024
    ...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 ......
  • ABCA Clarifies Approach To Determining A Successful Party's Entitlement To Costs
    • Canada
    • Mondaq Canada
    • June 7, 2023
    ...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 ......
  • ABKB Case Says McAllister Does Not Mean No Schedule C
    • Canada
    • Mondaq Canada
    • August 8, 2023
    ...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......
  • Costs Awards: Your Entitlement To Indemnity For Legal Expenses
    • Canada
    • Mondaq Canada
    • February 15, 2021
    ...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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