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1933748 Alberta Ltd v Engel

Key Points:

  • Initial Judgment: The Provincial Court initially awarded Mr. Engel $50,000 plus interest from December 1, 2017.

  • Appeal Decision: This award was reduced to $10,335 plus GST, with interest determined later.
  • Cost Dispute: Mr. Engel sought solicitor-client costs and 24% annual interest based on contractual terms.
    • Contracts between the parties allowed for interest on overdue balances (24% per annum) and coverage for collection costs.
  • Defendant's Position: 1933748 Alberta Ltd argued solicitor-client costs were inappropriate, suggesting costs be based on Column 1 of Alberta’s Rules of Court.
  • Court’s Discretion: The court considered both parties’ conduct, recognizing that both acted reasonably and engaged in legitimate litigation.
    • Engel was successful in his claim, though his award was reduced on appeal.

Final Ruling on Costs:

  • Costs Award: Mr. Engel was awarded $10,000 in costs.

  • Interest: 24% interest applied from January 1, 2018, to June 30, 2021. Post-2021 interest follows Alberta’s Judgment Interest Act.
Alex Engel
Law Firm / Organization
Engel Law Office
Lawyer(s)

Thomas M. Engel

1933748 Alberta Ltd
Law Firm / Organization
Engelking Law
McCor Management (AB) Inc
Law Firm / Organization
Engelking Law
Court of King's Bench of Alberta
2103 08898
Civil litigation
$ 10,000
Plaintiff