Is there any case law or case law in which one set of costs was awarded to Collavino on the issues upon which it was successful and then set off against the other?
Alberta, Canada
The following excerpt is from Collavino Incorporated v. Yemen (Tihama Development Authority), 2007 ABQB 497 (CanLII):
I am not prepared to embark on the folly noted by Côté, J.A. in Wilde v. Isfeld in terms of awarding one set of costs to Yemen on the issues upon which it was successful and another set of costs to Collavino on the issues upon which it was successful and then setting one off against the other. That is no doubt somewhat easier to do where the evidence led and trial time consumed on one issue has nothing to do with another. That is not the case here. The evidence led in this matter was generally applicable to more than one issue; and some argument overlapped.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the City have "special reasons" to deny double costs or to award solicitor-client costs? (Alberta, Canada)
Is a court bound by law to award costs in favour of the successful party against the 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)
What is the test for awarding costs to the successful litigant? (Alberta, Canada)
In what circumstances have costs not been awarded to unsuccessful litigants? (Alberta, Canada)
What are the costs of appeal costs for a third time? (Alberta, Canada)
What is the legal test for refusing to award an award of interest in a personal injury case? (Alberta, Canada)
In what circumstances have courts found a mother guilty of parental alienation and/or found her to be in contempt and ordered a sanction of costs to indemnify the father for all costs of the proceedings? (Alberta, Canada)
In what circumstances will a court order a party to pay solicitor/client costs to the successful in a challenge? (Alberta, Canada)
