Court of Queen’s Bench of Alberta Citation: Fedun v Korchinski, 2021 ABQB 259 Date: 20210406 Docket: 4803 188411 Registry: Edmonton Between: Ashleigh Elizabeth Fedun Plaintiff - and - Jerrald Glenn Korchinski Defendant _______________________________________________________ Endorsement as to Costs of the Honourable Mr. Justice Douglas R. Mah _______________________________________________________ [ 1 ] I have reviewed counsel’s written submissions with regard to the costs payable as a consequence of my decision at 2021 ABQB 14 . [ 2 ] In the application before me, Mr.

Korchinski was not successful in getting opposite counsel thrown off the file. However, he was successful in enforcing the offer and terminating the litigation, and therefore achieved his highest objective. Overall, he is the more successful party and is entitled to costs of the application: Mahe v Boulianne , 2010 ABCA 74 at para 6 . [ 3 ] I am not persuaded that solicitor-client costs are warranted in these circumstances. First, there has been no litigation

misconduct on Ms. Fedun’s part per Weatherford Canada Partnership v Artemis Kautschuk und Kunstoff-Technik GmbH, 2019 ABCA 92 at para 14 . Second, as Ms. Fedun’s counsel points out, neither party realized until the hearing before me that Master Order #2 (issued as a result of the pandemic) extended the deadline for acceptance of the offer. [ 4 ] I accept Ms. Fedun’s counsel’s submissions that the necessary steps are comprised only of a half-day questioning on affidavit (occurring before May 1, 2020 – the effective date of the revised

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C) and the application itself, which occurred after that date. Using Column 2, I therefore award $750 for the questioning [item 5(2) under then former tariff] and $1685 for the application itself [item 8(1) under the current tariff] for a total of $2435, plus proper disbursements. The special application was not contemplated as part of the offer. Heard by way of written submissions on the 24 th day of March, 2021 and the 30 th day of March, 2021 . Dated at the City of Edmonton, Alberta this 6 th day of April, 2021. . Douglas R. Mah J.C.Q.B.A. Appearances: Mark H. Demas TC Family Law Group for the Plaintiff Laura H. Bruyer Bruyer Mackay Family Law for the Defendant