Is a court bound by law to award costs in favour of the successful party against the unsuccessful party?

Alberta, Canada


The following excerpt is from Lameman v. Alberta, 2011 ABQB 724 (CanLII):

In Scramstad v. Stannard, 1997 CarswellAlta 1215, Girgulis J. said: 8 ...While it may be usual to award costs to the successful party against the losing party, that common award is not invariable and is always subject to the court's discretion. It is not unusual for costs to be dealt with in some other fashion and so long as the discretion is exercised judicially, the award of costs ought not to be impeached ... But because something is common or usual does not in any way restrict the court's discretion. Nor do normal or usual awards of costs make rules of law or binding precedents. Where discretion is given by statute or by the rules, or as here, by both, it is not to be cut down or eroded by implication; it can only be restricted by legislation, or by rules, or by principles of law which bind the court's discretion. Here there are no statutory restrictions; ... there are no limiting rules, and there is no rule of law which requires a court to exercise its discretion to award costs in favour of the successful party against the unsuccessful party and, not infrequently, awards of costs are made to the contrary...

Other Questions


In what circumstances will a court award costs on an indemnity basis or solicitor-client basis rather than party-party basis? (Alberta, Canada)
What is the legal test for determining costs where the estate must pay costs to an unsuccessful party? (Alberta, Canada)
What are the consequences of a court awarding a lump sum award of costs in a personal injury case? (Alberta, Canada)
When can a court order a cost under a tortfeasor’s order for costs in any event or cost in the cause? (Alberta, Canada)
Does a plaintiff have to pay costs to both parties even if they have successfully sued only one party? (Alberta, Canada)
In what circumstances will a court order a party to pay solicitor/client costs to the successful in a challenge? (Alberta, Canada)
In what circumstances will a court order solicitor/client costs against the unsuccessful party in a challenge to a will? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
In what circumstances have costs not been awarded to unsuccessful litigants? (Alberta, Canada)
Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.