Court of Queen ’ s Bench of Alberta Citation: Suburban Activity Centre Inc. v. 304629 Alberta Ltd., 2011 ABQB 573 Date: 20110923 Docket: 0701 09129 Registry: Calgary Between: Suburban Activity Centre Inc. and 1338259 Alberta Ltd. Plaintiffs - and - 304629 Alberta Ltd. And K.P. Manufacturers (Calgary) Ltd. Defendants - and - Kristine Smed Third Party _______________________________________________________ Decision on Costs of the Honourable Madam Justice B.E. Romaine _______________________________________________________

[ 1 ] At the conclusion of my Reasons for Judgment, I invited the parties to submit written submissions as to costs within certain time periods if they were unable to agree on that issue. Submissions were received from the Suburban Plaintiffs but not from the K.P. Manufacturers Defendants or Ms. Smed. [ 2 ] There is nothing that would preclude the Plaintiffs from receiving costs in the normal event, as they were entirely successful at trial. The Plaintiffs are thus entitled to costs under Column 4 of

Schedule “C” of the Alberta Rules of Court . They are also entitled to double the amount of costs for all steps taken from the date of service of the Formal Offer of Settlement to the end of trial pursuant to Rule 4.29(1). [ 3 ] With respect to the counterclaim, the Plaintiffs are also technically entitled to costs, plus double costs from service of the Offer of Settlement. Given, however, that the Defendants and Third Party did not prosecute the counterclaim with any vigour, the total amount of costs on the counterclaim, (including doubling as appropriate) will be reduced by one-third.

Dated at the City of Calgary, Alberta this 23rd day of September, 2011. B.E. Romaine J.C.Q.B.A. Appearances: Michael D. Aasen for the Plaintiffs Kristine Smed on her own behalf and for the Defendants