ABKB Case Says McAllister Does Not Mean No Schedule C

In Grimes v Governors of the University of Lethbridge, 2023 ABKB 432 (R.A. Graesser), the Alberta Court of King's Bench interprets the "costs" decision of McAllister v City of Calgary, 2021 ABCA 25 to be more in line with traditional costs cases than it has sometimes been interpreted.

This post is a bit more technical than most of the material we post on, but its a very important case and we decided to leave it technical because simplifying this post in particular would have taken away some of its meaning and made it less useful for practitioners reading it.

Facts

The following were the facts summarized by the ABKB:

• Austin Grimes (referred to as "Rejeena" throughout the decision) had received a suspension from University of Lethbridge due to a series of communications with a professor Rejeena was unhappy with