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A.G. Clark Holdings Ltd v 1352986 Alberta Ltd

March 28, 2024 (Costs Endorsement):

  • Clark Builders’ liens were declared valid for $499,118.34 plus interest and GST.
  • Clark Builders sought solicitor-client full indemnity costs but was denied. The court found Clark was entitled to costs under Column 4 of Schedule C with a lump sum of $20,000 in addition to assessed costs.
  • The litigation was long and complex, but the court aimed for proportionality in the award, rejecting the claim for full indemnity costs?.

September 5, 2024 (Appeal Decision):

  • The appeal by Redleaf Properties was dismissed. The decision of March 2022 was upheld, confirming the lien amount of $499,118.34 plus interest.
  • The court found no genuine issue for trial, supporting Clark Builders' evidence over the objections raised by Redleaf?.

October 18, 2024 (Costs for the Appeal):

  • Clark Builders was awarded 60% of its actual costs for successfully defending the appeal, amounting to $34,668.
  • The court rejected the lower costs under Schedule C (Column 5) as inadequate, citing the protracted nature of the litigation?.

Total Awards:

  • Original lien award: $499,118.34 + interest and GST.
  • Costs from the March decision: Lump sum of $20,000 plus Column 4, Schedule C.
  • Appeal costs: $34,668.
  • Thus, the total monetary award to Clark Builders exceeds $553,786.34, plus interest and additional costs pending assessment.

Overall, Clark Builders succeeded in both the initial ruling and on appeal, securing significant cost recovery.

A.G. Clark Holdings Ltd
Law Firm / Organization
DLA Piper (Canada) LLP
Giebelhaus Developments Ltd
Law Firm / Organization
DLA Piper (Canada) LLP
CB Partners Corporation
Law Firm / Organization
DLA Piper (Canada) LLP
1352986 Alberta Ltd
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Brent Mielke

Redleaf Properties Corporation
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Brent Mielke

1354178 Alberta Ltd
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Brent Mielke

1352992 Alberta Ltd
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Brent Mielke

Court of King's Bench of Alberta
1103 14128
Corporate & commercial law
$ 553,786
Plaintiff