MacLeod v. MacLeod (2001), 287 A.R. 43 (QBM)
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Temp. Cite: [2001] A.R. TBEd. AP.055
Oswald Duncan MacLeod as agent for Paul Joseph O’Leary and Duncan Ross Moodie (applicants) v. Oswald Duncan MacLeod and Catherine Josephine MacLeod (respondents)
(0001-02622; 2001 ABQB 239)
Indexed As: MacLeod et al. v. MacLeod et al.
Alberta Court of Queen’s Bench
Judicial District of Calgary
Alberstat, Master in Chambers
March 27, 2001.
Summary:
The successful respondent requested that costs be awarded. The applicant objected to costs being awarded because the respondent was represented by Calgary Legal Guidance and would have incurred no actual costs of the litigation.
A Master of the Alberta Court of Queen’s Bench held that the respondent was entitled to party and party costs pursuant to Schedule C of the Rules of Court to be taxed on Column 1, plus reasonable disbursements.
Practice – Topic 6987
Costs – Entitlement – Bars – Litigant not obligated to pay counsel (incl. legal aid) – The applicant objected to costs being awarded to the successful respondent because the respondent was represented by Calgary Legal Guidance and would have incurred no actual costs of the litigation – Calgary Legal Guidance was a free service offered to low income people who were advised by volunteer lawyers – A Master of the Alberta Court of Queen’s Bench stated that there was no reason why the matter should be treated any differently than a legal aid matter, notwithstanding that an over indemnification might occur – The Master awarded the respondent party and party costs pursuant to Schedule C of the Rules of Court to be taxed on Column 1, plus reasonable disbursements.
Cases Noticed:
Shillingford v. Dalbridge Group Inc. (2000), 268 A.R. 324; 76 Alta. L.R.(3d) 361 (Q.B.), consd. [para. 2].
Counsel:
Marguerite Donlevy (Walsh Wilkins), for the applicant;
Jocelyn Hill (Calgary Legal Guidance), for the respondent.
This matter was heard on February 28, 2001, before Alberstat, Master in Chambers, of the Alberta Court of Queen’s Bench, Judicial District of Calgary, who delivered the following reasons for judgment on March 27, 2001.
