Case Overview:

• Northern Air Charter (P.R.) Inc. ("Northern Air") filed for judicial review in 2017, challenging Alberta Health Services' (AHS) decision to award an air ambulance service contract to Can-West Corporate Air Charters Ltd. ("Can-West").
• Northern Air alleged AHS acted unfairly and breached its duty of good faith.
• The litigation dragged on for approximately six years and was marked by multiple applications, including an interim injunction.
• Northern Air discontinued its judicial review application just before its final submissions were due.

Costs Ruling:

• The court had to decide the issue of costs after Northern Air discontinued the case.
• AHS and Can-West, as successful parties, were entitled to costs based on Schedule C, Column 5 of the Alberta Rules of Court, recognizing the complexity of the case.
• Northern Air argued for standard costs (Schedule C, Column 1), but the court found that the increased complexity justified using Column 5.

Key Factors Considered:

• Complexity of the case.
• Protracted litigation due to delays from both sides.
• Offers of settlement made by AHS and Can-West, which Northern Air rejected.

Final Costs Award:

• AHS was awarded $70,268, including double costs for actions taken after an unaccepted settlement offer.
• Can-West was awarded $30,240 with a similar structure.
• Both awards were based on Column 5, and neither party was granted additional multipliers or full solicitor-client costs.