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The trial judge has discretion to determine the amount of any costs awarded. However, the fee portion of those costs is usually determined on the basis of Schedule C of the Alberta Rules of Court, which sets out costs for various steps in civil actions. See Steps in a Civil Action and Schedule C of the Alberta Rules of Court.
In Schedule C, the costs are set out in 5 columns that relate to the amount of the judgment granted (when the plaintiff obtains judgment) or the amount claimed (when the action is dismissed). The costs increase as the amount of the judgment (or claim) increases. The costs awarded usually include the reasonable and proper expenses incurred in the action by the party to whom costs are awarded (see Expenses Incurred by Plaintiff).
Plaintiffs have no means of controlling the expenses that defendants incur. In malpractice actions, the defendants always incur substantial expenses. It is not possible to predict the amount of those expenses with any certainty. However, in many malpractice actions that proceed to trial, the defendants incur expenses in the tens of thousands of dollars for experts to provide reports and attend at trial.
The total costs for which an unsuccessful plaintiff may be responsible after trial may exceed $100,000.00.
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