Pharand Ski Corp. v. Alberta, (1991) 122 A.R. 395 (QB)

• Judge: Mason, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 02, 1991
• Citations: (1991), 122 A.R. 395 (QB)

Pharand Ski Corp. v. Alta. (1991), 122 A.R. 395 (QB)

MLB headnote and full text

Pharand Ski Corporation (plaintiff) v. Her Majesty The Queen in right of Alberta (defendant)

(Action No. 8501-23498)

Indexed As: Pharand Ski Corp. v. Alberta

Alberta Court of Queen's Bench

Judicial District of Calgary

Mason, J.

August 12 and October 2, 1991.

Summary:

The plaintiff claimed that the province misappropriated the plaintiff's site selection of Mt. Allan and its concept of and basic design for the area as a ski area. The plain­tiff claimed, inter alia, damages for the province's breach of confidence in misusing confidential information to the plaintiff's detriment.

The Alberta Court of Queen's Bench, in a judgment reported 116 A.R. 326, allowed the breach of confidence action and awarded the plaintiff damages of $1,300,000. The matter of costs was not dealt with. The parties subsequently argued the matter of costs.

The Alberta Court of Queen's Bench, in an addendum to judgment reported at para­graphs 1 to 11 below, held that the plaintiff was not entitled to solicitor and client or indemnity costs, but was limited to party and party costs. In a subsequent addendum to judgment reported at paragraphs 12 to 23 below, the court awarded the plaintiff costs equal to triple column 6, an additional unal­located gross sum of $75,000 for taxable fees and disbursements.

Practice - Topic 7004

Costs - Party and party costs - Scale of costs - Fixing of - The Alberta Court of Queen's Bench stated that costs on a party and party scale are awarded on the basis of a reasonable apportioning of the litigation expenses incurred by the successful party, including such factors as the difficulty and complexity of the issues, the importance of the case to the parties and public, the length of the trial, the conduct of the parties before and during the trial and any other factors which may affect the fairness of an award of costs - See paragraph 19.

Practice - Topic 7110

Costs - Party and party costs - Special orders - Increase in scale of costs - [See Practice - Topic 7451 ].

Practice - Topic 7116

Costs - Party and party costs - Special orders - Gross or lump sum in addition to party and party costs - [See Practice - Topic 7451 ].

Practice - Topic 7451

Costs - Solicitor and client costs - En­titlement to - General - A private corpor­ation successfully sued the province for breach of confidence - The corporation sought solicitor and client or indemnity costs - The Alberta Court of Queen's Bench limited the corporation to party and party costs - The litigation was straight­forward - There was no attempt by the province to delay or hinder proceedings, no attempt to deceive or defeat justice and no issue of fraud, untrue or scandalous charges or any other conduct recognized as grounds for an indemnity scale award of costs - However, to compensate the cor­poration for special difficulties faced in prosecuting the action the court awarded costs in triple column 6 with an additional unallocated gross sum of $75,000 for taxable fees.

Cases Noticed:

Mobil Oil Canada Ltd. v. Canadian Superior Oil Ltd. and Nielsen (1979), 21 A.R. 111, refd to. [para. 5].

Max Sonnenberg Inc. et al. v. Stewart, Smith (Canada) Limited et al., 48 Alta. L.R.(2d) 367, refd to. [para. 5].

Robb v. Yukon Territory (1988), 2 Y.R. 224, refd to. [para. 5].

Andrews v. Barnes (1887), 39 Ch. D. 133, refd to. [para. 8].

Petrogas Processing Ltd. v. Westcoast Transmission Co. (1990), 105 A.R. 384; 73 Alta. L.R.(2d) 246 (Q.B.), refd to. [para. 18].

Canada Deposit Insurance Corp. v. Cana­dian Commercial Bank (1987), 76 A.R. 271; 50 Alta. L.R.(2d) 1 (Q.B.), refd to. [para. 18].

N.P.P. and M.E.P. v. Regional Children's Guardian (Calgary) (1989), 98 A.R. 77; 68 Alta. L.R.(2d) 394, refd to. [para. 19].

Statutes Noticed:

Court of Queen's Bench Act, R.S.A. 1980, c. C-29, sect. 19 [para. 17].

Rules of Court (Alta.), rule 601(3) [para. 1].

Authors and Works Noticed:

Stevenson and Côté, Civil Procedure Guide (1989), p. 1204 [para. 5].

Counsel:

E.D.D. Tavender, Q.C., A.G. MacWilliam and L.H. Paperny, for the plaintiff;

G.A. Meikle and T. Hurlburt, for the de­fendant.

This case was heard before Mason, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the fol­lowing addendums to judgment on August 12 and October 2, 1991.