North America Construction (1993) Ltd. v. Yukon Energy Corporation

North America Construction (1993) Ltd. v. Yukon Energy Corporation

The Court awarded costs of the appeal to Yukon Energy Corporation, declined to make any order as to costs on the cross-appeal because success was divided, and directed that unresolved trial costs be determined by agreement or written submissions.

Source-derived case information.

Citation
2018 YKCA 7
Parties
Respondent (plaintiff): North America Construction (1993) Ltd.; Appellant (defendant): Yukon Energy Corporation
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
24 May 2018
Procedural Posture
Civil Appeal / Supplementary Reasons (court of Appeal)
Outcome
Costs of the appeal awarded to Yukon Energy Corporation; no order as to costs on the cross-appeal; trial costs to be determined by agreement or written submissions.
Legal Topics
Costs of Appeal, Cross Appeal, Trial Costs
Source Language
english
Civil Procedure Appeal Costs Costs of Appeal Cross Appeal Trial Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

North America Construction (1993) Ltd.

Respondent (plaintiff)

Yukon Energy Corporation

Appellant (defendant)

Procedural Posture

Civil Appeal / Supplementary Reasons (court of Appeal)

Legal Issues

  1. 1 Whether costs of the appeal should be awarded to Yukon Energy Corporation
  2. 2 Whether any order for costs should be made on the cross-appeal
  3. 3 How trial costs should be determined if parties cannot agree

Ratio Decidendi

The Court awarded costs of the appeal to Yukon Energy Corporation, declined to make any order as to costs on the cross-appeal because success was divided, and directed that unresolved trial costs be determined by agreement or written submissions.

Court Disposition

Costs of the appeal awarded to Yukon Energy Corporation; no order as to costs on the cross-appeal; trial costs to be determined by agreement or written submissions.

Orders

  • Costs of the appeal are awarded to Yukon Energy Corporation.
  • No order as to costs on the cross-appeal.