Miller v. Miller, (2000) 272 A.R. 397 (QB)

• Judge: Clackson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 26, 2000
• Jurisdiction: Alberta
• Citations: (2000), 272 A.R. 397 (QB)

Miller v. Miller (2000), 272 A.R. 397 (QB)

MLB headnote and full text

Temp. Cite: [2000] A.R. TBEd. OC.064

Dennis Gordon Miller (applicant) v. Kelay Margaret Miller (respondent)

(Action No. 4802-114297)

Indexed As: Miller v. Miller

Alberta Court of Queen's Bench

Judicial District of Edmonton

Clackson, J.

September 26, 2000.

Summary:

The parties were involved in a custody dispute. The father was successful at trial. He sought costs.

The Alberta Court of Queen's Bench ordered that the parties bear their own costs.

Editor's note: for a prior decision involving these parties, see 257 A.R. 232.

Family Law - Topic 2189

Custody and access - Practice - Costs - The Alberta Court of Queen's Bench con­sidered when costs should be awarded in custody cases - The court stated that "in custody cases the compensatory principle should outweigh the penalty burden in any situation where: (a) the litigant invoking the process is unsuccessful or substantially unsuccessful at trial; and, (b) awarding costs against the unsuccessful litigant will not substantially impact upon the interests of the children; and, (c) the unsuccessful litigant maintained an unreasonable posi­tion which falls short of being inappropri­ate or specious. In the event that all three criteria are met, full costs should be the result. In all other cases, ... the parties should bear their own costs." - See para­graphs 11 and 12.

Cases Noticed:

Henry and Henry v. Pham and Ramsa (1987), 81 A.R. 276; 55 Alta. L.R.(2d) 225 (C.A.), refd to. [para. 3].

R.S.M. v. K.B. (1996), 118 A.R. 118 (Q.B.), refd to. [para. 4].

Scott v. Scott (1993), 144 A.R. 264 (Q.B.), refd to. [para. 5].

Counsel:

Louise M. Ares, Q.C. (Ares Barker), for the applicant;

Renee R. Cochard (McBean Becker), for the respondent.

This application was heard on September 26, 2000, by Clackson, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following reasons for judgment on the same date.