Court of Queen’s Bench of Alberta Citation: Collecutt v Collecutt, 2018 ABQB 1029 Date: 20181217 Docket: 4803 176033 Registry: Edmonton Between: Jennifer Lynne Eleanor Collecutt Plaintiff - and - Lorin Rolf Collecutt Defendant _______________________________________________________ Endorsement as to Costs by the Honourable Madam Justice M.E. Burns _______________________________________________________ [ 1 ] The parties seek costs following an application dealing with custody and access heard in Special Chambers on October 19, 2018. [ 2 ] The substantive applications before me required that I determine whether Ms. Collecutt should have sole custody of the children and what the access

schedule for Mr. Collecutt would be. I found that the parties will continued joint custody and I ordered an access

schedule somewhat between the positions of the parties and in line with the proposal of the children through their legal counsel. [ 3 ] With respect to the degree of success of the parties, Ms. Collecutt sought sole custody and originally was seeking unspecified access but agreed to the children’s proposed access at the hearing. Mr. Collecutt wanted to retain joint custody and agreed to the children’s access proposal but wanted to enhance it. There were other corollary issues that each party raised with mixed success. Thus, Mr.

Collecutt was successful on the first issue and there was divided success as between the parties on the second issue. [ 4 ] It must be noted that costs are not awarded as a punitive measure but rather to recognize a litigant’s success in Court. The Court of Appeal notes there are strong public policy reasons for awarding costs in cases involving the custody of children: Metz v Weisberger , 2004 ABCA 151 .

[ 5 ] However, there is another factor to consider here. The children’s legal counsel, although not asking for costs, was instrumental in the access proposal that was ordered by the court. In counsel’s letter to the Court, he notes that Ms. Collecutt is responsible for payment of his legal aid fees. Given this I am prepared to view the success of the parties as mixed. [ 6 ] Each party shall bear their own costs. Heard by way of written submissions. Dated at Edmonton, Alberta this 17 th day of December, 2018. M.E. Burns J.C.Q.B.A. Appearances: Darren K. Queck Queck & Associates for the Plaintiff Claire M. Spicer Kiriak Law Office for the Defendant