R.H.J., Re, (1998) 235 A.R. 358 (QB)

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 25, 1998
• Citations: (1998), 235 A.R. 358 (QB)

R.H.J., Re (1998), 235 A.R. 358 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. DE.025

In The Matter Of the Child Welfare Act regarding the application by W.E.H. and J.A.H. for an adoption order in respect of the child R.H.J.

(Action No. AD 0345580)

Indexed As: R.H.J., Re

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

September 28, 1998.

Summary:

A birth mother consented to give up her child for adoption. She sought to revoke her consent after the statutory 10 day limitation period and to stop the adoption process.

The Alberta Court of Queen's Bench, in a decision reported at 231 A.R. 56, denied the request, holding that the adoption should be finalized. The adoptive parents sought double costs on the new scale (rule 601).

The Alberta Court of Queen's Bench held that the birth mother was required to pay the adoptive parents' party and party costs, for all steps in the litigation, on the basis of double Column 1 of Schedule C.

Family Law - Topic 1702

Adoption - Practice - Costs - The appli­cants applied for an adoption order - The birth mother resisted the application - The applicants made a settlement offer which was rejected by the birth mother - The court granted the adoption order - The applicants sought double costs on the new scale (rule 601) - The birth mother was poor and of below average intelligence - The Alberta Court of Queen's Bench held that the birth mother was required to pay the adoptive parents' party and party costs, for all steps in the litigation, on the basis of double Column 1 of Schedule C - All litigants, including poor ones, must be reasonable - Impecuniosity did not relieve a litigant of the obligation to pay costs, even though the award may not be recovered - There were no special cir­cum­stance that allowed the court to invoke its discretion to avoid the effect of the clear wording of rule 601.

Practice - Topic 6934

Costs - General principles - Where liti­gant impecunious - [See Family Law - Topic 1702 ].

Practice - Topic 7111.2

Costs - Party and party costs - Special orders - Increase in scale of costs - Effect of settlement offers - [See Family Law - Topic 1702 ].

Practice - Topic 7248

Costs - Party and party costs - Offers to settle - Costs to successful plaintiff - [See Family Law - Topic 1702 ].

Cases Noticed:

Arcand v. Arcand (1989), 100 A.R. 185 (Q.B.), refd to. [para. 6].

Statutes Noticed:

Rules of Court (Alta.), rule 601.1 [para. 20].

Counsel:

J.T. Van Vliet, for the applicants;

Lydia J. Bubel, for the respondent.

This matter was heard on September 25, 1998, in Edmonton, Alberta, by Veit, J., of the Alberta Court of Queen's Bench, who delivered the following decision on Septem­ber 28, 1998.