Court of Queen ’ s Bench of Alberta Citation: Alberta Treasury Branches v. McKinnon, 2013 ABQB 664 Date: 20131112 Docket: 1204 00590 Registry: Grande Prairie Between: Alberta Treasury Branches Plaintiff - and - Bradley McKinnon Defendant _ ________________________________________ ______________ Endorsement of the Honourable Madam Justice J.B. Veit _________________________________________ ______________ [ 1 ] The costs issue here is whether the litigants had mixed success, resulting in an order that each pay their own costs, or whether Mr.

McKinnon had substantial success, resulting in an order that he was entitled to costs from ATB. [ 2 ] I have concluded that McKinnon had substantial success. [ 3 ] ATB was totally unsuccessful on its application in the sense that it was unripe for consideration. [ 4 ] On his application, McKinnon was successful in immediately setting aside the partial judgment which required him to pay money. On the other hand, ATB was successful in resisting McKinnon’s application for the entire dismissal of the ATB claim.

Put another way, McKinnon was partly successful on his application. [ 5 ] In determining whether that partial success was substantial, I have heavily weighed the fact that his partial success set aside a

final judgment for a substantial portion of the claim against him. Not only does this remove immediate financial repercussions, but it gives McKinnon the opportunity of presenting a full defence to ATB’s claim. In all the circumstances, I consider that substantial success. Heard on the 7 th day of November, 2013. Dated at the City of Grande Prairie, Alberta this 8 th day of November, 2013 . J.B. Veit J.C.Q.B.A. Appearances: Steven A. Rohatyn, Parlee McLaws LLP for the Plaintiff Glenn Taylor, Taylor & Company for the Defendant