Tony Patrus Appellant - v. -, 2012 ABQB 587

Court of Queen ’ s Bench of Alberta Citation: Patrus v. Alberta (Appeals Commission for Alberta Workers ’ Compensation), 2012 ABQB 587 Date: 20120925 Docket: 0901 13580 Registry: Calgary Between: Tony Patrus Appellant - and - The Workers ’ Compensation Board and The Appeals Commission for the Alberta Workers ’ Compensation Board Respondents - and - Finishing Centre Ltd. Respondent Corrected judgment: A corrigendum was issued on November 29, 2012; the corrections have been made to the text and the corrigendum is appended to this judgment.

Corrected judgment: A corrigendum was issued on October 2, 2012; the corrections have been made to the text and the corrigendum is appended to this judgment. _______________________________________________________ Memorandum of Judgment Re: Costs of the Honourable Mr. Justice P.M. Clark

_______________________________________________________ [ 1 ] In my Reasons for Judgment with respect to this matter reported at Patrus v. Alberta (Workers ’ Compensation Board, Appeals Commission) , 2011 ABQB 523 , I found in favour of Mr. Patrus. [ 2 ] Counsel subsequently appeared before me to argue with respect to the issue of costs.

Section 13. 4(13) of the Workers ’ Compensation Act provides that the Court may make any award as to the costs of the appeal that it considers appropriate. [ 3 ] Mr Devlin on behalf of Mr. Patrus seeks costs on either a solicitor-client basis or on a multiple of Column 4 or 5 of

Schedule C of the Alberta Rules of Court . [ 4 ] Counsel for the Workers ’ Compensation Board and The Appeals Commission argue against a significant cost award but are particularly insistent that an award of solicitor-client cost would not be appropriate given the evidence before the Court. I am satisfied from the case authorities provided by counsel that the weight of judicial authority seems to support the respondent ’ s position. [ 5 ] Mr. Patrus has been entirely successful with respect to his application as a result of the very thorough and able representation of his Counsel. [ 6 ] I direct Mr.

Patrus is entitled to his costs against the Respondent to be calculated on the basis of double Column 5 of

Schedule C of the Alberta Rules of Court , such costs to be payable forthwith and in any event of the cause. Heard on the 4 th day of October, 2011. Dated at the City of Calgary, Alberta this 25 th day of September, 2012. P.M. Clark J.C.Q.B.A. Appearances: Brian E. Devlin, Q.C. O ’ Brien Devlin MacLeod for the Appellant

Ron C. Goltz Workers ’ Compensation Board for the Respondent the Workers ’ Compensation Board Sandra R. Hermiston Appeals Commission for Alberta Workers ’ Compensation for the Respondent The Appeals Commission for Alberta Workers ’ Compensation _______________________________________________________ Corrigendum of the Memorandum of Judgment Re: Costs of The Honourable Mr. Justice P.M. Clark _______________________________________________________ The phrase “ not be inappropriate ” in paragraph [4] of this Judgment has been corrected to read “ not be appropriate ” .

The correction has been made to the text of this corrigendum. _______________________________________________________ Corrigendum of the Memorandum of Judgment Re: Costs of The Honourable Mr. Justice P.M. Clark _______________________________________________________ The citation of the case name has been corrected to read “ Patrus v. Alberta (Appeals Commission for Alberta Workers ’ Compensation), 2012 ABQB 587 ” in accordance with the Uniform Case Naming Guidelines.