AGS v MSS, 2016 ABQB 7

Court of Queen ’ s Bench of Alberta Citation: AGS v MSS, 2016 ABQB 7 Date: 20160104 Docket: 4801 148508 Registry: Calgary Between: AGS Plaintiff - and - MSS Defendant _______________________________________________________ Memorandum of Decision Regarding Costs of the Honourable Mr. Justice C.M. Jones _______________________________________________________ Background [ 1 ] This matter came before me on June 25, 2015 (“June 25 th Application”).

At an expedited hearing before me the Plaintiff sought direction from the Court permitting him to take the parties’ youngest daughter to Dallas, Texas, where he lives and works. He had been granted interim without prejudice sole custody of that child, aged 9, and of the parties’ 17 year old daughter.

[ 2 ] At the June 25 th Application, I heard from the parties and from former counsel for the children and from a representative of Child and Family Services. [ 3 ] On an interim, without prejudice basis, I granted the Plaintiff sole custody and primary care of the children. The Defendant was to have supervised access. [ 4 ] I permitted the Plaintiff to relocate the youngest child to Dallas, Texas.

I directed that nothing in my Order would prejudice the Defendant’s right to seek to have the final determination as to custody, primary residence and access heard at a trial. [ 5 ] I directed that if the parties could not agree on costs of the June 25 th Application before me they could make written submissions. [ 6 ] The Plaintiff seeks costs in the amount of $5,000.00 to be enforceable by MEP.

The Defendant takes the position that she should not be required to pay costs because she is out of work and because she was required to go to Court in an attempt to keep custody of her children. [ 7 ] It is appropriate to award costs in favour of the Plaintiff in respect of the June 25 th Application in the amount requested because he was successful in securing the relief he sought.

The children’s best interests were imperiled by Defendant’s actions and those interests dictated that he take decisive action on short notice. [ 8 ] I note that the award of costs in the aggregate amount of $5,000.00 is less than the amounts computed in accordance with Bills of Costs, inclusive of disbursements, which I directed counsel for the Plaintiff to prepare, calculated on the basis of Columns 1 and 2 of

Schedule C, Division 2 of the Rules. [ 9 ] Costs in the aggregate amount of $5,000.00 inclusive of disbursements and other charges, are awarded in favour of the Plaintiff, to be enforceable by MEP. Dated at the City of Calgary, Alberta, this 4 th day of January, 2016. ________________________________ C.M. Jones J.C.Q.B.A Submissions: Wise Scheible Barkauskas, for the Plaintiff MSS Self Represented