Alberta Health Services v, 2016 ABQB 465
Opinion
Court of Queen ’ s Bench of Alberta Citation: Alberta Health Services v 1443028 Alberta Ltd (Home Placement Systems), 2016 ABQB 465 Date: 20160822 Docket: 1503 14579 Registry: Edmonton Between: Alberta Health Services Applicant - and - 1443028 Alberta Ltd. operating as Home Placement Systems, Gohar Tasneem, Sarah Fassman, and Gohar (Carmen) Pervez Respondents _______________________________________________________ Endorsement of the Honourable Madam Justice J.B.
Veit _______________________________________________________ [ 1 ] Unfortunately for the parties, the wording in my decision of May 31, 2016 in these proceedings was confusing rather than helpful. I was trying to say that, although the standard costs rules would appear to be applicable in the normal way, because the parties had litigated technically, it seemed possible that one or both of the parties had made formal offers of settlement pursuant to the Rules of Court, or informal offers – sometimes referred to as Calderbank offers – which also might have to be litigated.
As a result of this hearing, I have now learned that no pre-hearing offers of any kind had been made by either party. [ 2 ] At this hearing, I also learned that 1443028 Alberta Ltd. had approved a form of order prepared by AHS which stated:
5. There shall be no costs awarded to any party with respect to the Special Chambers Hearing of May 4, 2016. [ 3 ] In those circumstances, I agree with AHS’ proposed form of order: there was no need to appear before the court in relation to costs of the May 4, 2016 hearing. Because of that conclusion, I also agree that AHS is entitled to costs of today’s hearing. Heard on the 16 th day of August, 2016. Dated at the City of Edmonton, Alberta this 19 th day of August, 2016. J.B. Veit J.C.Q.B.A. Appearances: Ivan Bernardo, QC, Miller Thomson LLP for the Applicant, Alberta Health Services Erika Norheim, Erika Norheim Professional Corporation for the Respondents
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