Wrongful Dismissal Costs: Which Party "Won"?
The general rule of litigation costs in Canada is that the 'unsuccessful' party is presumptively required to contribute to the costs of the 'successful' party. However, in complex litigation, often a party might be successful on some issues, and unsuccessful in others. In cases where the result is 'divided', there is frequently a dispute as to the relative importance and complexity (and cost) of the different issues. Still, the truest measure of which party was 'successful' has always been with reference to settlement positions. While it is improper to advise the court of settlement positions prior to the court determining the merits, once the court has made its decision, it is normal and appropriate for the parties to tell the court what settlement positions they took before trial. A recent decision of the Alberta Court of Queen's Bench reinforces the need for settlement offers. In Richmond v. Panther Industries , a long-service salesperson...