Larter v. Solid Rock Free Lutheran Church of Camrose, 2011 ABQB 729

Court of Queen ’ s Bench of Alberta Citation: Larter v. Solid Rock Free Lutheran Church of Camrose, 2011 ABQB 729 Date: 20111124 Docket: 1103 04163 Registry: Edmonton Between: Rick Larter, Neil Hansen, Lowell Befus and David Hagen Applicants - and - Solid Rock Free Lutheran Church of Camrose, Patricia Zeniuk, Warren Lehman and Keith Carlson Respondents _______________________________________________________ Memorandum of Decision Re Costs of the Honourable Mr. Justice E.A.

Marshall _______________________________________________________ [ 1 ] I dismissed the Applicants ’ application to have the Respondent Church wound up and dissolved. Counsel have provided me with written submissions regarding appropriate costs and the Applicant Larter has written me a letter on the issue. [ 2 ] The Respondents seek costs on a solicitor-client full indemnity basis or alternatively party-party costs on a multiple of

Column 5. The Applicants submit each party should bear their own costs, alternatively, party-party costs under Column 1 should be imposed. [ 3 ] I cannot find the conduct of the Applicants to be of such a reprehensible, scandalous or outrageous character that costs should be imposted on a full indemnity basis. At the same time, some of the conduct of the Applicants purporting to act as the Council of the Church was high handed in attempting to suspend the Pastor and using Church funds to finance their litigation. [ 4 ] Ordinarily costs should be imposed on Column 1 in a matter of this nature where no monetary relief is sought. Alberta Rules of Court ,

Schedule C. However, the value of the Church is considerable, in excess of $2 million. [ 5 ] I conclude that an increase to Column 2 is an appropriate scale for costs to the Respondents. I find this for the following reasons.

The conduct of the Applicants as set out above, the Respondents made a Calderbank offer which was not met, the Applicants sought solicitor-client costs and the value of the property at issue. [ 6 ] I have reviewed the Respondents ’ draft Bill of Costs and award fees of $11,300.00 plus $2,933.78 disbursements and GST of $711.69 for a total of $14,945.47. [ 7 ] In addition, there will be a fee of $400.00 for the submission respecting costs. By written submissions received. Dated at the City of Edmonton, Alberta this 23 rd day of November, 2011. E.A. Marshall J.C.Q.B.A . Appearances: Camron D.

Schwartz, Trevoy LLP for the Applicants James K. McFadyen, Q.C. Parlee McLaws LLP for the Respondents