Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2021 ABQB 622

Court of Queen’s Bench of Alberta Citation: Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2021 ABQB 622 Date: 20210806 Docket: 2103 04687 Registry: Edmonton Between: Sakattar Singh Sandhu, Baldev Singh Hundale, Sohan Singh Chhoker, Manohar Singh Grewal, Harnek Singh, Rajwinder Kaur and Gurjit Kaur Sandhu Plaintiffs/Respondents - and - Siri Guru Nanak Sikh Gurdwara of Alberta, Santokh Singh Uppal, Jagroop Singh Sidhu, Mukand Singh Bains, Davinder Singh Bains, Jujhar Singh Bains, Balwant Singh Sandhu, Bakhtavar Singh, Buta Singh Gill, Navjot Singh Hans, and Manmohan Singh Sidhu Defendants/Applicants _______________________________________________________ Endorsement of the Honourable Mr.

Justice T.D. Clackson _______________________________________________________

[ 1 ] The Respondents in this application filed an Originating Notice seeking a declaration that the elections recently held by the Gurdwara unfairly and unjustly excluded them from the ballot. That matter will be heard in November, 2021. In the present application, the Gurdwara seeks security for costs against the Respondents. [ 2 ] The Gurdwara’s claim to security for costs is based upon evidence that Sakattar Singh Sandhu, one of the seven Applicants, named in the Originating Notice, is indigent. [ 3 ] While there is evidence unanswered that Mr.

Sandhu may not be possessed of means to pay a costs award, there is no evidence that the other six Respondents could not satisfy a costs award against them: 0738827 B.C. Ltd. v CPI Crown Properties International Corporation, 2013 ABQB 499 . [ 4 ] The Respondents confirmed during the application their understanding that their liability for costs, if it arises, would be joint and several. [ 5 ] Additionally, an application for security for costs does not entitle the Applicant to seek Cadillac treatment. The draft Bill of Costs submitted to me does just that.

Reasonable costs would be much closer to those identified by the Respondents in their reply to the suggested Bill of Costs. As well, I agree with the Respondents that security for costs, if it is to be awarded, should be done on a staged basis and the Respondents’ proposal on that subject is reasonable. In result, because of a lack of proof of indigence and because any reasonable amount of security on a staged basis is a pittance when spread over seven persons, the application must be dismissed. [ 6 ] The Respondents to this application are entitled to costs in any event of the cause.

I fix those costs at $1,500.00 plus disbursements, all to be taxed. Heard on the 25 th day of June, 2021. Dated at the City of Edmonton, Alberta this 6 th day of August, 2021. T.D. Clackson J.C.Q.B.A. Appearances: Sandeep K. Dhir, QC, Michael A. Murray, SB LLP for the Applicants (the “Gurdwara”) Steven A.A. Dollansky, Erik Holmstrom, McLennan Ross LLP for the Respondents (Sandhu et al)