- The Alberta Rules of Court apply to family cases whether you have a lawyer or represent yourself.
- A judge weighs the result, the issues, the complexity of the case and each party's conduct when deciding costs.
- Costs can be assessed using a bill of costs in Form 44, and the Schedule C tariff can be used as a reference point.
You may have just won or lost a family application and be wondering what happens with costs. The Alberta Rules of Court set out the framework, and judges have wide room to apply it.
This article walks through the main rules, the role of Schedule C, the factors a judge weighs and how costs are put into a figure. It is general information only.
This article covers the law of Alberta.
Which rules apply to family cases
The Court of King's Bench has sole jurisdiction over divorce and property division in Alberta, and also handles child and spousal support and parenting. The Alberta Rules of Court apply whether a person is self-represented or has a lawyer.
Those rules say a successful party is entitled to costs against the unsuccessful party. The entitlement is subject to the Court's discretion and other rules, so family costs are discretionary rather than automatic.
When costs are decided
Unless the Court orders otherwise, a costs award may be made at one of three points:
- For an application or proceeding a party had notice of, once it is decided.
- As part of a settlement where one party agrees to pay costs without the amount being fixed.
- For trials and other matters in an action, after judgment or a final order is entered.
If no costs award or assessment order is made when the matter is decided, either party may ask an assessment officer for an assessment appointment date.
What Schedule C does and does not do
Schedule C is a tariff of amounts. A costs award for reasonable and proper costs may be made with or without reference to Schedule C. It may also be a multiple, proportion or fraction of a Schedule C amount.
The Court is not tied to the tariff. After considering the listed factors, it may order reasonable and proper costs or any amount it considers appropriate, including a lump sum instead of or in addition to assessed costs. The tariff amounts themselves are best confirmed in the current Rules or with a lawyer.
The factors a judge weighs
| Factor | What it looks at |
|---|---|
| Result | The result and each party's degree of success |
| Money | The amount claimed and the amount recovered |
| Importance and complexity | How important the issues were and how complex the action was |
| Conduct | Conduct that shortened or lengthened the action |
| Misconduct and offers | Improper steps, breaches of rules or orders, misconduct and settlement offers |
Some items are left out of reasonable and proper costs unless the Court orders otherwise, including expert fees for investigations or for assisting at a trial or streamlined trial. Where each side owes the other costs, the Court may net the amounts by deduction or set-off.
What to do next
If you are entitled to costs and want them assessed, you prepare a bill of costs in Form 44 that itemizes fees, disbursements and other charges and is signed by the preparer. The Court can also order an assessment by an assessment officer.
- Read the costs part of any order or reasons you received.
- Gather your invoices and a list of the steps in the case.
- Check whether the order fixed an amount or left it to be assessed.
- If you represent yourself, remember fee costs are not automatic.
- Talk to a lawyer before deciding whether to seek or contest an assessment.
Frequently asked questions
Is Schedule C a fixed price list a judge must follow?
No. Costs can be set with or without reference to Schedule C, as a multiple or fraction of it, or as another amount the Court considers appropriate.
When does a judge decide costs?
Often when the application is decided, but costs can also be set as part of a settlement or after judgment or a final order in an action. If nothing was ordered, either party may ask an assessment officer for an appointment date.
What is a bill of costs?
It is a document in Form 44 that itemizes fees, disbursements and other charges for assessment, signed by the person who prepared it.
Do these rules apply if I have no lawyer?
Yes. The Alberta Rules of Court apply whether a person is self-represented or has a lawyer.
Sources
- Alberta Rules of Court, Alta Reg 124/2010 (Alberta King's Printer) — kings-printer.alberta.ca
- Court of King's Bench of Alberta – Family — albertacourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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