Shtaif v Midland Resources Holding Limited, 2021 ABQB 937

Court of Queen’s Bench of Alberta Citation: Shtaif v Midland Resources Holding Limited, 2021 ABQB 937 Date: 20211123 Docket: 1901 16490 Registry: Calgary Between: Michael Shtaif Appellant - and - Midland Resources Holding Limited Respondent _______________________________________________________ Decision of the Honourable Madam Justice B.E.

Romaine _______________________________________________________ [ 1 ] By order dated May 11, 2021, I dismissed Michael Shtaif's appeal of an order of a Master, and made certain directions with respect to the enforcement of a judgment obtained by Midland Resources Holdings Limited against Mr. Shtaif. I also awarded costs to Midland in an amount to be determined by this Court. [ 2 ] Midland has provided draft bills of costs prepared on the basis of

Schedule C, column 5 of the Rules of Court and on a solicitor-client basis, and submits that it is entitled to enhanced costs for all steps that Midland had to take from February 7, 2020 to date to attempt to enforce the judgment, compel Shtaif to respond to enforcement steps, and oppose his appeal of the registration of the judgment.

[ 3 ] While Mr. Shtaif was wholly unsuccessful in the application, that alone does not justify an award of enhanced costs. However, Midland is entitled to costs in accordance with

Schedule C, column 5. [ 4 ] I have reviewed Midland's bill of costs prepared on that basis, which I find to be reasonable. Given the prolonged and highly litigious nature of proceedings between Midland and Mr. Shtaif, a lump sum award of costs and disbursements is appropriate, in that it will prevent further delay in this long-standing matter. [ 5 ] I therefore award costs to Midland in the amount of $10,901.32, inclusive of disbursements and GST, payable forthwith.

I also direct that the outstanding costs owing under the Master's February 7, 2020 order in the amount of $1,550.00 be payable forthwith. [ 6 ] I note that Mr. Shtaif has obtained a stay of enforcement of this Court's order ( 2021 ABCA 283 ) pending the outcome of appeal of a decision cited as 2021 ONSC 3077 to the Ontario Court of Appeal and the application scheduled on February 25, 2022 in the Ontario Superior Court of Justice to set aside the First Certificate of Judgment and the second Certificate of Judgment. Given that, this costs decision is stayed for the same period of time.

Dated at the City of Calgary, Alberta this 23 rd day of November, 2021. B.E. Romaine J.C.Q.B.A. Appearances: Michael Shtaif Self-Represented Litigant Erika Carrasco for Midland Resources Holding Limited