What is the test for a solicitor to be awarded solicitor's client costs?

Alberta, Canada


The following excerpt is from Motkoski Holdings Ltd. v. Yellowhead (County), 2008 ABQB 780 (CanLII):

The threshold of wrongdoing that is required for an award of costs on a solicitor and client basis is very high. McLachlin J., as she then was, in Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, 108 D.L.R. (4th) 193 described the kind of conduct that warrants this kind of award: Solicitor‑client costs are generally awarded only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties.

Other Questions


Does the City have "special reasons" to deny double costs or to award solicitor-client costs? (Alberta, Canada)
Can a breach of trust or fiduciary duty result in the award of solicitor and client costs? (Alberta, Canada)
Does solicitor-client privilege apply where there has been a communication between solicitor and client? (Alberta, Canada)
Can a solicitor cost on a solicitor and own client basis? (Alberta, Canada)
Is it proper for a solicitor to seek an order under R. 625 of the Rules of Civil Procedure to order that costs of an application be taxed as between solicitor and client and added to the amount to be charged? (Alberta, Canada)
In what circumstances will a court award costs on an indemnity basis or solicitor-client basis rather than party-party basis? (Alberta, Canada)
In what circumstances will a court award costs on an indemnity basis or even on a solicitor's client basis? (Alberta, Canada)
Is a mortgagee entitled to solicitor-and-client costs? (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 solicitor-client privilege extend to conversations in which a person makes disclosures while seeking to retain a solicitor? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.