Hagan v Hagan, 2021 ABQB 704

Court of Queen’s Bench of Alberta Citation: Hagan v Hagan, 2021 ABQB 704 Date: 20210903 Docket: 4801 172697 Registry: Calgary Between: Penny Irene Hagan Plaintiff - and - William John Hagan Defendant _______________________________________________________ Endorsement as to Costs of the Honourable Madam Justice B.B. Johnston _______________________________________________________ [ 1 ] The Plaintiff, Ms. Hagan, seeks costs against the Defendant, Mr. Hagan, following my written decision on April 27, 2021: Hagan v Hagan , 2021 ABQB 330 . [ 2 ] Ms. Hagan provided written submissions on August 17, 2021. Mr.

Hagan did not provide any written submissions. [ 3 ] Ms. Hagan sought a division of matrimonial property including Mr. Hagan’s Eaton Industries Pension Plan (“EIPP”) and his Canada Pension Plan credits. She also sought retroactive and ongoing spousal support. Mr. Hagan sought a division of Ms. Hagan’s Canada Pension Plan credits. [ 4 ] This matter was set down for a

summary trial and proceeded on affidavit evidence. [ 5 ] Mr. Hagan did not file any evidence. Both parties made oral submissions at the trial and filed written arguments. [ 6 ] Additional facts are set out in my written decision. I will not repeat the additional facts. [ 7 ] In my decision I determined the matter was appropriate for a

summary trial and I directed a division of the parties’ matrimonial property, including their pensions. Mr. Hagan was also ordered to pay retroactive and ongoing spousal support. [ 8 ] Counsel for Ms. Hagan seeks costs under Column 3 of

Schedule I of the Alberta Rules of Court , AR 124/2010 (“the Rules ”) and payment of ½ of the invoices relating to the pension valuation. In the alternative, she seeks costs under Column 1. [ 9 ] In support of her submissions, Ms. Hagan argues that: • Ms. Hagan was substantially successful at trial as Mr. Hagan’s pension was divided equally, Mr. Hagan was ordered to pay spousal support and Ms. Hagan was granted leave to proceed with a desk divorce without Mr. Hagan’s consent;

• Column 3 is appropriate as the value of Mr. Hagan’s EIPP alone is $240,000 after division; • ½ of the costs of all invoices from Pension Strategies Inc. should be paid pursuant to the Consent Order granted by Justice Romaine on February 13, 2019 (“Consent Order”). Both the updated valuation invoice and the preparation in anticipation of trial invoice were steps required in order for the court to have the information needed to make a decision. [ 10 ] Rule 10.33 of the Rules provides a number of considerations that this Court may take into account in making a costs award:

a) the result of the action and the degree of success of each party;

b) the amount claimed and the amount recovered;

c) the importance of the issues;

d) the complexity of the action;

e) the apportionment of liability;

f) the conduct of a party that tended to shorten the action;

g) any other matter related to the question of reasonable and proper costs that the Court considers appropriate. [ 11 ] In this case, Ms. Hagan was substantially successful and is entitled to costs: Mahe v Boulianne, 2010 ABCA 74 at para 6 . Mr. Hagan was partially successful as Ms. Hagan’s Canada Pension Plan was divided. [ 12 ] This was not a complex case. Mr. Hagan did not file any affidavit evidence. [ 13 ] Therefore, notwithstanding the value of the EIPP, I find it appropriate to award Ms. Hagan costs based on Column 1 of

Schedule C, including for this costs application. [ 14 ] Pursuant to the Consent Order, the parties agreed to share the costs of the valuation of Mr. Hagan’s EIPP. I also award Ms. Hagan ½ of the costs of all invoices from Pension Strategies Inc. relating to the updated pension valuation and preparation for trial. I agree they were necessary for a proper determination of matters before this Court. Heard by way of written submissions on the 17 st day of August, 2021. Dated at the City of Calgary, Alberta this 3 rd day of September, 2021. B.B. Johnston J.C.Q.B.A. Appearances: Kimberley A. Medora for the Plaintiff Penny Irene Hagan William John Hagan Self-Represented Litigant