McAllister v Calgary (City), 2021 ABCA 25

JudgeThe Honourable Mr. Justice Brian O’Ferrall,The Honourable Madam Justice Elizabeth Hughes,The Honourable Madam Justice Jolaine Antonio
Neutral Citation2021 ABCA 25
Docket Number1901-0003-AC
Citation2021 ABCA 25
Date27 January 2021
CourtCourt of Appeal (Alberta)
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92 practice notes
  • Ehli v Lamanator Coatings Ltd,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • June 10, 2024
    ...to Costs Determinations 478 The Court of Appeal has provided guidance respecting costs determinations in McAllister v Calgary (City), 2021 ABCA 25. For a background discussion, see GO Community Centre v Clark Builders and Stantec Consulting Ltd, 2020 ABQB 203 at paras 479 Under r 10.29(1), ......
  • Serinus Energy Plc v SysGen Solutions Group Ltd,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • March 5, 2024
    ...10.31, and 10.33, acting judicially on the facts of the case: Barkwell v McDonald, 2023 ABCA 87 at para 53; McAllister v Calgary (City), 2021 ABCA 25 at para 17; British Columbia (Minister of Forests) v Okanagan Indian Band, 2003 SCC 71 at para 11 Rule 10.29 of the Alberta Rules of Court, A......
  • 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,......
  • JBRO Holdings Inc v Dynasty Power Inc, 2022 ABCA 258
    • 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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85 cases
  • Ehli v Lamanator Coatings Ltd,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • June 10, 2024
    ...to Costs Determinations 478 The Court of Appeal has provided guidance respecting costs determinations in McAllister v Calgary (City), 2021 ABCA 25. For a background discussion, see GO Community Centre v Clark Builders and Stantec Consulting Ltd, 2020 ABQB 203 at paras 479 Under r 10.29(1), ......
  • Serinus Energy Plc v SysGen Solutions Group Ltd,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • March 5, 2024
    ...10.31, and 10.33, acting judicially on the facts of the case: Barkwell v McDonald, 2023 ABCA 87 at para 53; McAllister v Calgary (City), 2021 ABCA 25 at para 17; British Columbia (Minister of Forests) v Okanagan Indian Band, 2003 SCC 71 at para 11 Rule 10.29 of the Alberta Rules of Court, A......
  • 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,......
  • JBRO Holdings Inc v Dynasty Power Inc, 2022 ABCA 258
    • 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
  • 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......
  • 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 ......
  • 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 ......
  • Top 10 Recent Legal Developments Impacting Commercial Litigation In Alberta
    • Canada
    • Mondaq Canada
    • March 31, 2022
    ...damages, including loss of profits. We cover the full details in our previous case summary. 10. Law of Costs: McAllister v Calgary, 2021 ABCA 25 In McAllister v Calgary (McAllister), the Alberta Court of Appeal provided significant guidance on the practice of quantifying costs awards. Speci......
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