Alberta Court Releases Important Decision On Costs For Competition Law Private Actions

On February 7, the Alberta Court of Queen's Bench released the first reported decision on a party's entitlement to costs under section 36 of the Competition Act (Act), which confers a private right of action for any person who has suffered loss or damage as a result of a breach of a criminal provisions of the Act.

Further to the Court's decision to award damages to a company that had lost a business opportunity as a result of a breach of the conspiracy provision of the Act, the plaintiff sought costs, including solicitor-client and investigation costs, under section 36 of the Act.

With respect to the claim for solicitor-client's costs, the plaintiff argued that the wording of section 36 supported an award for such costs. Section 36 of the Act provides that any person who has suffered loss or damage as a result of a breach of a criminal provision of the Act may sue to recover damages, together with "the full cost to him of any investigation in connection with the