In what circumstances will a court order a party to pay solicitor/client costs to the successful in a challenge?
Alberta, Canada
The following excerpt is from Babchuk v. Kutz, 2007 ABQB 88 (CanLII):
In somewhat similar circumstances, however, a more generous costs award was made to the challenger in Bahry v. Zytaruk, supra. Again, the court found that the challenge was reasonable up to a certain date, and no longer reasonable thereafter. The court awarded the challenger his solicitor/client costs out of the estate for the period prior to that date, and ordered him to pay party/party costs to the successful party after that date, with those costs being set off by the solicitor/client costs.
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