Royal Camp Services Ltd v Sunshine Oilsands Ltd, 2021 ABQB 617

Court of Queen’s Bench of Alberta Citation: Royal Camp Services Ltd v Sunshine Oilsands Ltd, 2021 ABQB 617 Date: 20210804 Docket: 1603 13942 Registry: Edmonton Between: Royal Camp Services Ltd. Plaintiff - and - Sunshine Oilsands Ltd. Defendant _______________________________________________________ Reasons for Decision of the Honourable Mr. Justice Sterling M. Sanderman _______________________________________________________ [ 1 ] On November 29, 2019, I rendered a decision in relation to an appeal from Master Schlosser in favor of Royal Camp Services Ltd.

Costs were to be addressed at counsels’ convenience. [ 2 ] On May 11, 2021, Royal Camp Services Ltd. submitted a written brief which was responded to by Sunshine Oilsands Ltd. on June 22, 2021. A brief reply submission was sent in late June 2021. Apparently, there has been no urgency to this matter. [ 3 ] Counsel for both parties have carefully outlined the history of the litigation from the failure to negotiate a settlement in relation to the dismantling and decommissioning of a camp in northern Alberta up to and including their efforts to settle the costs issue.

[ 4 ] The materials filed clearly establish that this was a contentious piece of litigation that was marked with tactical decisions made with the intention to frustrate, within permissible limits, the opposing party. It could not be said that a co-operative spirit between counsel was ever present. That is still the case. [ 5 ] Counsel for Royal Camp Services Ltd. contends that enhanced costs are warranted because during the litigation Sunshine Oilsands Ltd. intentionally suppressed the evidence of one of their employees.

It is claimed this person’s evidence would have been dispositive of the matter in favor of Royal Camp Services Ltd. Accordingly, costs are requested in triple column four (4). [ 6 ] Based on the record provided to me, I cannot come to the conclusion that there was an intentional suppression of evidence by Sunshine Oilsands Ltd. As this is the basis for the claim of enhanced costs, the request for them is denied. Royal Camp Services Ltd. is entitled to costs of $14,639.25 as set out in the reply submission dated June 25, 2021. Application was by written submissions in June of 2021.

Dated at the City of Edmonton, Alberta this 4 th day of August, 2021. Sterling M. Sanderman J.C.Q.B.A. Appearances: Kenneth G. Heintz, Venture Law Group LLP for the Plaintiff Andrew McLeod, Peak Legal Counsel for the Defendant