Cormier v Cormier, 2019 ABQB 930

Court of Queen’s Bench of Alberta Citation: Cormier v Cormier, 2019 ABQB 930 Date: 20191205 Docket: FL03 58146 Registry: Edmonton Between: Marilyn Theresa Cormier Applicant - and - Charles Francis Cormier Respondent _______________________________________________________ Endorsement of the Honourable Madam Justice Tamara L. Friesen _______________________________________________________ [ 1 ] Legal counsel for the parties appeared before me on November 6, 2019 in family chambers. The applicant, Ms. Cormier, had applied for several forms of relief on a somewhat urgent basis in relation to an imminent sale of land.

Her primary interest was in obtaining an order that a transfer of land could be registered without Mr. Cormier’s consent. [ 2 ] After hearing from both counsel and reviewing their supporting documents, I granted the order sought by Ms. Cormier, with some amendments. Unfortunately, in the hurly-burly of that chambers proceeding, the issue of costs was not spoken to. [ 3 ] Counsel sought and obtained permission to make further submissions to me on that point via counsel letters. I indicated that

after reviewing those submissions I would issue an Endorsement setting out my reasons for decision. [4] On November 15, 2019 Ms. Waldie, for the applicant, provided a letter setting out her client’s position. She argued that asMs. Cormier was largely successful in her application, she should be awarded costs to be paid on a solicitor-client basis as this was anexceptional case. Ms. Cormier had incurred legal fees unnecessarily as a result of Mr. Cormier’s obstructionist conduct in refusing tosign the transfer in the first place: see Jackson v Trimac Industries Ltd., . [5] On November 20, 2019 Ms.

Spicer provided a responding letter setting out her client’s position. She submitted that assuccess in the application had been mixed, the parties should each bear their own costs. She argued that on November 6, Mr. Cormierhad provided the Court with an explanation for refusing to sign the transfer. While Ms. Cormier’s application was ultimately granted,Mr. Cormier was successful in obtaining permission from the court to access the yard of the property in question until November 15,2019. Decision on costs [6] Authority to award costs falls under rules 10.28 – 10.33 of the Rules of Court.

In general, costs should be fair, just, efficientand cost-effective. One of the primary purposes for awarding costs is to offset the fiscal impact of a person being forced to appear incourt without a valid legal reason. Other considerations listed in r 10.33 which apply to my consideration in the present case include: 1. The result of the action and the degree of success of each party; 2. The amount claimed and the amount recovered; 3. The importance of the issues; 4. The conduct of a party that tended to shorten the action; and 5. Any other relevant matter that might be appropriate. [7] Ms.

Cormier was clearly the successful party in this case. Regardless of Mr. Cormier’s explanation for why he did not signthe transfer of land, he was legally obligated to do so. Ms. Cormier should not have had to resort to a time consuming and expensivecourt proceeding in order to ensure that the land sale went through. The stakes were high for Ms. Cormier, in that Mr. Cormier’s refusalto sign the transfer jeopardized the sale of land, and therefore, the profit from the sale which was to be divided between the parties. Thefact that Mr.

Cormier was allowed, as part of the November 6 Order, time to move his belongings off the property was as much a benefitaccruing to Ms. Cormier and the future owner of the property, as it was to him. [8] While costs should be awarded to Ms. Cormier in the circumstances, I do not find this is a situation in which solicitor clientcosts are warranted. Counsel for Ms. Cormier submitted that if solicitor client costs were not awarded,

Schedule “C” costs in the amountof $500 multiplied by two would be appropriate. [9] Considering all of the above, costs are awarded to Ms. Cormier in the amount of $1,000. Heard on the 6th day of November, 2019. Dated at the City of Edmonton, Alberta this 5th day of December, 2019. Tamara L. Friesen J.C.Q.B.A. Appearances: Joanna Waldie Birdsell Grant LLP

for the Applicant Claire Spicer Jerry D. Kiriak Professional Corporation for the Respondent