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ARTICLE · 23 FEBRUARY 2012

Alberta Court Releases Seminal Competition Law Costs Decision

Blake, Cassels & Graydon LLP
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In 321665 Alberta Ltd. v. ExxonMobil Canada Ltd., the Court of Queen's Bench of Alberta released the first reported decision on a party's entitlement to costs pursuant to s. 36 of the Competition Act, R.S.C. 1985, c-34.

CanadaLitigation, Mediation & Arbitration
Dalton McGrath, K.C.
Dalton McGrath, K.C.
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Copyright 2012, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Litigation & Dispute Resolution, February 2012

In 321665 Alberta Ltd. v. ExxonMobil Canada Ltd., the Court of Queen's Bench of Alberta released the first reported decision on a party's entitlement to costs pursuant to s. 36 of the Competition Act, R.S.C. 1985, c-34. In the course of doing so, the court also had the opportunity to address a number of novel costs issues, including entitlement to compound interest, the effect of the plaintiff's delay on the calculation of pre-judgment interest and entitlement to costs for litigation financing.

Following a damages award, 321665 Alberta Ltd. (the plaintiff) sought a substantial amount of costs including:

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