The case Pawlicki v Black Diamond Group Limited, 2023 ABKB 492, dealt with the costs award after Marek Pawlicki successfully sued his former employer, Black Diamond Group Limited. Below are the key points:
- Claims: Mr. Pawlicki sued for unpaid commissions, disputed notice period, and various bonuses. He was awarded $158,191.91 after adjustments.
- Costs Dispute:
- Mr. Pawlicki sought costs of around $78,000-$79,000.
- Black Diamond proposed approximately $30,000.
- The differences were based on the plaintiff's success, pre-trial settlement offers, and the defendant's conduct.
- Success Level:
- Mr. Pawlicki recovered about 80% of his final settlement offer ($199,281), which was deemed substantial success. He prevailed on key issues like notice period and commissions.
- Some of his claims were unrelated to his termination, unnecessarily prolonging the case.
- Defendant’s Conduct: Black Diamond was criticized for delays in calculating and paying the judgment but not to a degree that significantly influenced the costs decision.
- Final Award: The court awarded Mr. Pawlicki a lump sum of $35,610, reflecting about 45% of his solicitor-client costs.
