What is the test for a successful defendant to claim costs directly from the unsuccessful defendant?

Alberta, Canada


The following excerpt is from Ezzedine v. Dalgard, 2007 ABQB 142 (CanLII):

In Dhingra v. Pham, 2004 ABQB 973 at para. 15, Veit J. summarized the three part test articulated in other decisions to determine whether a successful defendant should be entitled to claim its costs directly from an unsuccessful defendant: (a) Was it reasonable for the plaintiff to join the successful defendants, given the circumstances; (b) Is there any good reason to deprive the successful defendants of costs; and (c) Were the unsuccessful defendants, vis a vis the successful defendants, wholly responsible for the action.

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