Kew Ridge Road Utility Ltd v Miles, 2015 ABQB 805

Court of Queen ’ s Bench of Alberta Citation: Kew Ridge Road Utility Ltd v Miles, 2015 ABQB 805 Date: 20151216 Docket: 1401 01484 Registry: Calgary Between: Kew Ridge Road Utility Ltd., Brad Olive, Naomi Virgo, Thomas Harrison, Ronald Clarke, Thomas Smith, Trevor Saler and William Niles Plaintiffs - and - Patrick Miles Defendant _______________________________________________________ Memorandum of Decision on Costs of the Honourable Mr. Justice E.C.

Wilson _______________________________________________________ [ 1 ] As the parties are unable to agree on Costs, I have been asked to decide the matter solely on written representations. [ 2 ] I agree that the nature of this action was to determine if the Plaintiffs had a right of access over the road in question. They felt they did for a number of reasons. I concluded that they did have a right of access but not for all the same reasons.

[ 3 ] In the result, I find that they have enjoyed substantial success and have not disentitled themselves to costs due to misconduct or the like – see J.E. v Alberta (Workers’ Compensation Board) , 2015 ABQB 553 . [ 4 ] Accordingly they are entitled to their costs plus reasonable disbursements based upon Column 1 of

Schedule C of the Rules of Court . Dated at the City of Calgary, Alberta this 16 th day of December, 2015. E.C. Wilson J.C.Q.B.A. Appearances: Brian K. Dell for the Plaintiffs Michael Bokhaut for the Defendant