Authors: Anne S. de Villars KC and Olivia Pring

While estate litigation is part of civil litigation generally, nevertheless, it has quirks of its own, including how costs are awarded. Full indemnity costs are no longer the case as a matter of course. The usual costs rules—that costs follow the event—now apply to estate litigation. However, there are exceptions where full indemnity costs are awarded to all parties or party-party costs are awarded to an unsuccessful party. Within the context of estate litigation, this paper addresses types of costs, exceptions to the general rule, circumstances justifying costs awarded to the losing party, the interplay of the Surrogate Rules and the Alberta Rules of Court, and the Surrogate Rules dealing with Costs.

These materials are part of a collection presented at LESA’s Costs program in Edmonton on May 6, 2025.