When will a defendant have to pay the costs incurred to prepare for a trial?
Alberta, Canada
The following excerpt is from Kowdrysh v. Delong, 2002 ABQB 207 (CanLII):
The plaintiff counters that this issue should be left to be decided by the trial judge at the conclusion of the trial, because that judge would be best positioned to assess the actual quantum of costs thrown away as a consequence of this adjournment. There is merit in that position, and I considered this an available option. But in this case, I am satisfied as to the defendant’s costs of preparing for this aborted trial, and I consider, as did my colleague, Ritter, J. in Goddard v. Day, supra, that two-thirds of the work would have to be repeated to prepare for the actual trial. The defendant will have to pay the fees incurred to date prior to the trial, and I therefore consider it appropriate to adjudicate this matter now.
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