Successful Defendant Denied Costs After Common Issues Trial; Court Cites Public Interest And Access To Justice Concerns

• Published date: 15 May 2020
• Author: Canadian Class Actions Monitor Blog, Lyndsey Delamont and Sydney Hamilton
• Law Firm: McCarthy Tétrault LLP

In Elder Advocates of Alberta Society v Alberta, 2020 ABQB 54 ("Elder Advocates"), the Alberta Court of Queen's Bench refused to award costs following trial against the unsuccessful plaintiff class because their claim was in the public interest and promoted access to justice.

Background

Elder Advocates was a class action commenced by long-term care residents who challenged the Alberta government's ability to charge accommodation fees for long-term care facilities. The Court held that the accommodation charges complied with the Nursing Homes Act, RSA 2000, c N-7, as well as section 15 of the Canadian Charter of Rights and Freedoms, and dismissed the Plaintiffs' claims for unjust enrichment, breach of contract, negligence, bad faith and discrimination (see 2018 ABQB 37). Despite Alberta's success, Justice Ross granted the Plaintiffs' application for a no costs award.

Costs Award

Costs in a class action are governed, in part, by Rule 10.32 of the Alberta Rules of Court, AR 124/2010, which provides that, when determining whether costs should be awarded against the...