Kurszewski v Giroux, 2019 ABQB 942

Court of Queen’s Bench of Alberta Citation: Kurszewski v Giroux, 2019 ABQB 942 Date: 20191209 Docket: FL03 55957 Registry: Edmonton Between: Jada Kurszewski Applicant - and - John Giroux Respondent _______________________________________________________ Endorsement as to Costs of the Honourable Mr. Justice Douglas R. Mah _______________________________________________________ [ 1 ] Ms. Kurszewski's appeal of my February 20, 2019 oral decision was dismissed at 2019 ABCA 414 .

I now return to the outstanding matter of costs for the three-day viva voce review hearing before me. [ 2 ] I do have some suspicion that Ms. Kurszewski engaged the EPO process for an ulterior purpose, but my ultimate reason for refusing her application is that I disbelieved her. If the Court's incredulity of a party's evidence became the standard for awarding costs against an unsuccessful EPO applicant, a chill might be cast and deter some legitimate cases from coming

forward. For the same reasons given by the Court of Appeal in Lenz v Sculptoreanu , 2016 ABCA 111 at paras 41-45 , I reluctantly exercise discretion to award no costs for the EPO review that took place before me. Heard by way of submissions dated November 6, 2019 and December 2, 2019. Dated at the City of Edmonton, Alberta this 9 th day of December, 2019. Douglas R. Mah J.C.Q.B.A. Appearances: Anthony L. R. Oliver Academy Place Law for the Applicant Jordan Lefaivre Johnson Turner Lefaivre for the Respondent