Mobil Oil Canada Ltd. v. Canadian Superior Oil Ltd. and Nielsen, (1979) 21 A.R. 111 (QB)

• Judge: Kirby, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 05, 1979
• Citations: (1979), 21 A.R. 111 (QB);1979 CanLII 1189 (AB QB);105 DLR (3d) 355;[1980] 1 WWR 453;21 AR 111;[1979] AJ No 861 (QL);14 CPC 101

Mobil Oil Can. Ltd. v. Cdn. Superior Oil (1979), 21 A.R. 111 (QB)

MLB headnote and full text

Mobil Oil Canada, Ltd. v. Canadian Superior Oil Ltd. and Nielsen

(Q.B. 134376)

Indexed As: Mobil Oil Canada Ltd. v. Canadian Superior Oil Ltd. and Nielsen

Alberta Court of Queen's Bench

Judicial District of Calgary

Kirby, J.

October 5, 1979.

Summary:

This headnote contains no summary.

Practice - Topic 7457

Costs - Solicitor and client costs - Entitlement - Where claim or defence irrelevant, scandalous or without merit - A plaintiff in an action for inducing breach of contract made allegations which were either withdrawn prior to trial or were not supported by the evidence at trial - The action was dismissed - See 19 A.R. 100 - The defendant claimed solicitor and client costs on the grounds that the allegations were irrelevant and scandalous - The Alberta Court of Queen's Bench held that in the circumstances the defendant was not entitled to costs on a solicitor and client basis.

Cases Noticed:

Ex parte Simpson (1809), 33 E.R. 834, refd to. [para. 6].

Vanderclay Development Co. v. Inducon Engineering et al. (1969), 1 D.L.R.(3d) 337, refd to. [para. 6].

Union Carbide Canada v. Vanderkop (1966), 1 C.P.C. 114, refd to. [para. 6].

Holman v. Knox (1912), 3 D.L.R. 207, refd to. [para. 11].

Edwards v. Grosser & Glass Ltd., [1936] 3 W.W.R. 671, refd to. [para. 11].

Evaskow v. International Brotherhood of Boilermakers et al. (1969), 71 W.W.R. 565, refd to. [para. 11].

Brown v. Rogue (1974), 2 O.R.(2d), refd to. [para. 11].

Miachika v. Pacific Hovercraft Ltd. and Cantelon, [1972] 2 W.W.R. 173, refd to. [para. 11].

Counsel:

R.A.F. Montgomery, Q.C. and G.F. Dixon, for the plaintiff;

D.O. Sabey, Q.C. and R.K. Laing, for the defendants.

This case was heard by KIRBY, J., of the Alberta Court of Queen's Bench. The following addendum to reasons for judgment of KIRBY, J., was delivered at Calgary, Alberta, on October 5, 1979.