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IN THE COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON No. 958,~3 BETWE EN: CHURCH OF SCIENTOLOGY MISSION OF EDMONTChN, CHURCH OF SCIENTOLOGY MISSION OF CALGARY, AND CHURCH OF SCIENTOLOGY MISS ION OF OLD STRATHCO;~A, P1 ai n tiffs - and EVELYN HAMDON, LES JACKMAN, LORNA LEVETT, BETTY McCOY, BRENDON MOORE, WILLIAM REID, NEOL TAYLOR, and DAVID WALLACE, Defendants ORAL JUDC-;.'IENT of The Honourable Mr. Justice Agrios THE COURT: I am cognizant of the well e-stablished rule that one must be extremely cautious in departing from the general rule that costs to b~ awarded to a successful litigant are to be taxed as between party and party on the basis of an authoritative and well recognized tariff. Having reviewed the history cf these proceedings, ." am of the vie'..: tha~ the case at bar is "" the ra-re--~n~"'exceptional case in which costs should be awarded L, on a.scrt~-~'t~-/-c~ient basis rather than on a party/party basis. Counsel for the Plaintif'fs has referred tO two recent decisions of our Court, firstly by Chief Justice S~nclair in ~cCarthy vs Board of Trustees of Calgary Roman Catholfc Separate School District No. 1, and secondly by I.lr. Justice Kirby, in I, lobil Oil Canada v Canadian. Superior Oil. The general principles are recited -in .both decisions-. Both of these cases went to tri.al and it was held that the difficulty and complexity of ...... the proceedings is not of itself a reason for departing frc~m the general rule. However, in the case at bar, the issue will never be tried. It is apparent that throughout the proceedings the Defendants and not the Plaintiffs were endeavouring to have the trial heard. I need not repeat the entire and rather remarkable history of this case. The record submitted by counsel for the Defendants speaks for itself. ~he failure to comply with innOmerable The contempt of court, court orders, the need to formally settle minutes of appeal; the entire conduct of the Plaintiffs is not one that should be countenanced by our courts. In my view, the proceedings and the action of the Plaintiffs amounted to a clear abuse of process an~ accordingly, I award costs on a solicitor/client basis to the Defendants in the sum of S60,500 plus additional costs of this Applicant to be calculated in the same fashion as - ,) - .. the prior account submitted by the Defendants' solicitors to their clients. Counsel for the Plaintiffs in .a very pursuasive manner suggested it would be more appropriate to award cost on a party/party basis using a multiple of column five of schedule C of our Rules of Court. I can not, with respect, agree with this submission. I did suggest that on the basis on a number of Ontario cases set out in the Defendants counsels' brief, and particularly as noted in the case of McGee vs the Ottawa Separate School Board, that there may be a distinction as to solicitor/client costs where there is evidence that they are being paid by a third party. It is not clear to me that such a distinction is appropriate in Alberta, however, counsel for the P'laintiff indicated in his view any such distinction would not apply in this case. DELIVERED at Edmonton, Alberta, the 6th day of October, A.D. 1980. ~Ir. D.A. McGillivray For the P1 ainti ffs, Mr. C.D. Evans Mr. K.E. Staroszik, and 1.',r. H. Joffe For the Defendants. D. Johnson k~.//2 IN THE ~,~r~Dm OF n,=~~,' ...... ~.~ ..... ~ S BENCH OF ALBERTA JUDICIAL DISTRICT OF ED.~lONTOI': ' BETWEEN: . CHURCH OF SCIENTOLOGY .MISSION OF ED.MONTON,_ CHURCH OF SCIENTOLOGY MISSION OF CALGARY', and CHURCH OF SC!ENTOLOGY MISSION OF OLD ST~THCONA ú . ~ .X'..-:~.. ~.. Resoondents ~hi., ', .' - ú ' ~:-~ ..... "~' ~' ';' '~=~'øI..~;...18 ,~.. - and - , t? ~oun E~L~q H~HDON, LZ S JACksON, LORNA LE~TT, BETTY ~nnv BENDON HOOE, WZLLI~ ~ID, NEIL TAYLOR and DAVID WALLACE Applicants (Defendants) BEFORE THE HONOU~LE ) At the Court House, in the City of ) MR. JUSTICE J. AGRIOS ) Edmonton, in the Province of Alberta, ) IN COURT ON OCTOBER 6TH, ) on Monday, the 6th day of October, ) 1980 ~ND IN PRZVATE ) 1980 and on Tuesday, the 21st day ) CFZ~.IBERS ON OCTOBER 21ST, ) of October, 1980. ) 1980. ) ORDER UPON THE APPLICATION Of the Applicants (Defendants) for an Order to determine the auantum of costs in this action; ~2qD UPON HEARING counsel' for the Applicants (Defendants); ~ND UPON HEARING counsel for the Respondents (Plaintiffs); IT IS HEREBY ORDERED THAT 1. The Court has jurisdiction to hear the app!icaticn. 2. The Applicants (Defendants) are not entitled to call viva voce evidence. - 2 - 3. : The Applicants (Defendants) are entitled to the costs of this action as determined on the scale of solicitor/client. 4. The solicitor and client costs for the Defendants Ln~'~ LEVETT BETTY I.~cCOY BRENDO~! !.lOOPS, WILLI~_M 'REID, NEIL TAYLOR, DAVID WALLACE and LES JAC~LA~ are in the sum of $60,500.00. AND UPON IT APPEARII,~G that the Defendant LES JAC'.~,L~N .had settled his pro rata share of the application for costs prior to the said hearings, solicitor/client costs in the sum, of $60,500.00 are reduced by 1/7th and are hereby set in fayour of the Defendants LORNA LEVETT, BETTY McCOY, BREL~DON MOORE, ~',~ILLI~_M REID, NEIL TAYLOR and DAVID WALLACE in the lump sum of $51,857.15. 5. The Applicants (Defendants) shall have the costs. of this application calculated on a solicitor/client basis. \ ..~ ~ ~'.:. , , ;, '-, K ' ~:~.A. e,,A .... 'SKI S Clerk of the Cour~ of~en's -Bench of Alberta Approved as being the Order granted Solicitors for the Respondents (Plaintiffs) - 2 - 3. . The ADo!icants (Defendants) are entitled to the costs of this action as determined on the scale of solicitor/client. 4. The solicitor and client costs for the Defendants r,n~"~"" LEVETT BETTY I.IcCOY BRENDON MOOP~, , TAYLOR, DAVID WALLACE and LES JACi~Ln2~~ are in the sum of $60,500.00. AND UPON IT APPEARING that the Defendant LES JACFa-~IN .had settled his pro rata share of the application for costs prior to the said hearings, solicitor/client costs in the sum. of $60,500.00 are reduced by 1/7th and are hereby set in favour of the Defendants LORNA LEVETT, BETTY McCOY, BRENDON MOORE, ~',~ILLIkM REID, NEIL TAYLOR and DAVID WALLACE in the lump sum of $51,857.15. 5. The Applicants (Defendants) shall have the costs of this application calculated on a solicitor/client basis. / ,. , ~' =. ~ ~:1,~\, Clerk of the Court -Bench of Alberta Approved as being the Order granted Solicitors for the Respondents (Plaintiffs) Entered ~ ' day of~' Octo'.ser, Clerk of zne Cour~~ ACTiC,:'; NO. 9-',393 OCTOBER A.D. L9B0 IN THE COURT OF QUEEN'S BE:JCH OF ALBERt; JUDICIAL DfSTRZC? OF ED.~iGXTO:J BETWEEN : CHURCH OF SCIENTOLOGY ~.',ISSIOt4 OF EDMONTO~q, CHURCH OF SC!ENTOLOGY MISSION OF CALGARY, AND CHURCH OF SCIENTOLOGY MISSION OF OLD STEATHCONA Plaintiffs ( Applicants) - an'~ - EVELYN HAMDON, LES JACK:.~AN, LORNA LEVETT, BETTY McCOY, BRE[JDO.'J .MOORE WILLIAM REID, NEiL TAYLOR and DAVID WALLACE Defendants ( Respondents ) O R D E R :.:ESSRS. :'~ALSH YOUNG Barristers and Solicitors 1500 Guinness House Calgary, Alberta T2? OZ8 Fil=_ ;co. 5728 Guardian Comm 23 Augus't 1971 D/G ~_nt WW Dear jane, Re: State D/G Intelligence WW Goals: Scientology Expanding mopposed across the planet. Putpoe es: To help LRH investigate public matters and individuals which seem to impede human liberty so that such may be exposed and to furnish intelligence required in guiding the progress of Scien.to!ogy. To help Ron ~afeguard Sciento!ogy 0rgs, Sciento!o~y, and Scientologists by effectively carrying out all Intelligence activities which lead to tb'e future predictions of areas of trouble and which lead to the resolution of such areas before trouble occurs; to ruthlessly procecute all traitors dama~in~ Scientology Or~s, Scientologists a~d Scientology to the end product of successful legal actions; to detect and handle the suppressire, exterior to Scientolo~y 0rgs and Sclentologists who uses his power and 'position or the power and position of the authorities to attempt to stop the forward ~pro~ress of Scientology and Scientologists. f ( ,~ ú lane: Generally to locate every source of opposition to ~Scientology and the control point of these sources and to'reduce ~I heir power to ineffectiveness or take them over. ~t ~ Progrs~nmes: As laid down by CS-G and Guardian: Overall Investi- Satlone of seven major areas being on' the alert for any other area - that may crop up. 2roJects: As laid down by CS-G and Guardim~. FR Master Plans, Empire Countdown, Dead Agent, interim - 2Security, W.~'~, Direct Approach. Orders: As given by CS-G and Guardian. Investigate, Handle, De-Power etc. Ideal Scene: All current and Potential En2mies of Scientology located, identified and de-powered and Scientology expanding unopposed. Star: l- for each current or potential enemy of Scientolo~y located. 5- for each current or potential enemy of Scientology de~pow~red. De-powered = Unable and/Or unwilling to a+~tack from that position. 5- for each attack on Scientolo~y predicted 5- for each attack on Scientology prevented -5 for each attack -10 for legislation restrlctin~ Scientolo~y -20 for any Scientology activity or group closed .down 'from a~acks. Valuable Final Product: Enemies of Scien~ology made visible and/or de-powered or ~aken over. intelligence Branch 1 Director Coals: Sclen~o!ogy expandir~ unopposed by external suppreslves across the plane~. Purposes: To help LRH investleate ~ose public matters and individuals w~ich seem to impede human liberty so tb~t such may be exposed and to furnis~ in~elliSence necessary in ~uidln6 ~he progress 0f Scien~ology. To help Eon safeguard Scientology Or~s, Scientologists and Scientology by effectively carrying ou~ ~11 Intelligence ac'tlvlties which lead to the future prediction of areas of trouble' and which lead to the resolution of such areas before trouble occurs; and to detect and handle the suppressire, exterior ~o -3Scien~ology orgs and Scientologists w~o uses his power ~d position or the power and position of authorities to attempt to stop the forward progress of Scientology and Scientologis~s. Policy: &s laid down by I.RH in the Intelligence Branch 1~ Direc tot Hat. Plans: Generally ~o locate every source of opposition to Scientology and the control point of these sources and.to reduce their power to ineffectiveness and/or take t~em over. ~rogrs~es: As laid down by CS-G and Guardian: Overall' Investigations of seven }~aJor areas and any o~hers that may crop up. Projects: As laid down by CS-G, Guardian,, and D/G int., PR :~aster Plans, WF~'.~,Empire ~ountdown, Public :~edia. Orders: As given by CS-G, Guardian, and D/G !nt. investigate Handle etc. ideal Scene: All c~urrent and potential enemies of Scientology exterior to Scientology identified and de-powered s-rid Scien~ology expanding. S'~at: 1 for each current or potential exterior enemy of Scien- tology identified. 5 for each curren~ or potential exterior enemy of Scien- ~ology de-powered. ~ for each a~t~ck on Scientology predicted. ~ for each attack on $cien~ology prevented. -5 for each attack oomln~ from m exterior source. -10 for legisla~ion restricting Scientology. -~0 for each Scientology activity or group closed down as a result of an attack. Valuable Final Product: Exterior e.~mies of Scientology made visible and/or de-powered or taken over. Intelligence Branch I Collections Officer Goals: information collected t~ .~id in exp_~-~ding Scientology across the planet mopposed by Exterior Suppressires. ~urposes: To help LP, H investigate those Public Matters and individuals which seem to impede Human liberty and to furnish Intelligence necessary in guiding the progress of Scientology. To help Ron safeSuard Scientolo~y, Scientologists, and Scientology Orgs by effectively carrying out all Intelligence activities which lead to the future prediction of areas of trouble before trouble occurs; to detect the suppressire exterior and Scientology Orgs who uses his power and position or the power and position of authorities to attempt to stop the forward progress of Scientology and Scientologists. Policy: As laid down by LP.H in the Collection Officer Hat. ,l~lans: Generally to locate every source of opposition to Scientology on this planet and their control point and the plans to implement their activities. Projects: As lald down by CS-G, Guardian ar~i D/G int: Public Media. W~'~ Empire Countd-o-.~n etc. Orders: as given by CS-G,Guardlan, D/G Int; investigate. What are his connections, etc. Ideal Scene: All .current or potential enemies of Sciento!ogy identified and their plans Star: No.of usable reports received concernin~ exterior suppro. ssires, their plans, connections, or intentions .' \Valuable Final Product: Exterior Enemies current or potential and their plans made visible, Intelligence Branch 1 Operations Officer Goals: To effectively de-power all exterior opposition to ~cien~ology on ~e Planet. Purposes: To help ~ handle those public matters or individua!~ which would seem to impede Human liberty. To help Ron safeguard Scien~olo6y, Sciento!ogists, _~nd Scientology 0r~s by effectively carryln~ out all Intelligence activities which lead to the resolution of areas of trouble before th occur; and to handle the suppressire exterior 'to Scientology s~nd Scientology Orgs who is using his position or power or the positi~ and power of authorities to attempt to stop the forward progress of Scientology and Scientologists. Plans: Generally to reduce the power of sources of opposition to ~ciento!ogy and their control points to ineffectiveness. Projects: As laid down by CS-G, Guardian and D/G In~ Orders: As laid down by CS-G, Guardian and D/G Int. Handle, take out of the running etc. ideal Scene: All current and potential enemies of Scientology de-powered. State: No. of successful actions taken against current and potential enemies of ScientoloSists. Valuable Final Product: Exterior enemies of $cientology depowered or fallen over. Intelligence Branc~ 1 CIC Officer Goal: To have data and files available on every ~urrent or potential enemy of Scientology across the planet. ~urpose: To help LRH safeguard by keepln~ Int. records up to da so they can be used to ~redict and handle future and current sources of trouble across the planet. .~olicy: As laid down by L~J~ in the CIC Hat. Plans: Generally to maintain complete and expanding records on all current and potential enemies of Scientology. Programmeg: As laid d~wn by CS-G# Guardian, and D/G Int. ' Projects: As laid down by CS-G, Guardian and D/G Int WW. Orders: As given by CS-G, Guardian, and D/G int,~Crossfile| file, etc. Ideal Scene: All data on cur.-.ent and potential enemies of Scien. tology crossfiled and available with connections available from the GIG board. , Stat: No. of Xeroxes made. No. of Reports filed, files used s~nd returned plus projects brought up to date. Valuable Final Product: UseaBle Intelligence data and enemies of Sciento!ogy more visible. intelligence Branch Two Director Goals: To througb~_y safeguard Orgs by guarding against internal suppression, external suppression by traitors, and have corrected all extant situations upon ..~hich an attack on Scientology could be based. ~urposes: To help kR/~. investigate those situations and individuals who could be used as an excuse for impeding human liberty .so that such can be exposed or _be-died; To help LRH safeguard Scientology~ $cientology Orgs, and Scientologists by effectively carrying out all intelligence activities which lead to the prediction and handling of future areas of trouble; to ruthlessly prosecute and' de-power all traitors damaging. Sciento!ogy, Scientology Orgs and Scientologists and to effec.tive!y handle any and all situations upon whic~ an attack on ScientologJ could be based. ~olicy: As laid down by LRH in the Branch Two Directors Hats including Ethics Policies. Plans: As laid d~n '~y, CS-G and Guardian: Gensrally to locate ,-- every potential situa'~ion harmful .~o Sciento!ogy and handle and to locate and handle any and all former Sciemto!ogists who are .- a~temptin6 to a~tack Scientolcgy. Progazmes: As lald down by CS-G, Guardlsn and D/G Projects: As laid down by C$-G, Gustdid_n, ~-~d D/G Int. A6emt, In~ernai Security, e~c. Orders: AS ~iven by CS-G,Guardlan and D/G Int: Ge~ the materials b,~ck. .u~nd!e this ,paremT~m, etc. Ideal .Scene: ~'~rery current and potential perspa or threa~erJn6 Scler. tolog$ discovered and ~-hzm~_!ed so %hz~ !on6er a Sta*~s: 1 for eac. h cu.-Tent or potentially threa+.eninS person 3 for each curr~t or potentially threatenin6 situation found. 3 for each person or situation 5 for each security inves~iSa~!on cenT!steal. -10 for each i--~ernal sl%u&~ion on w~_ich s.n a~ack ls b~se~ -10 for each Br~..nch Two type .'.crmlnal 6ivln~ evidence eraquires cases etc. Va!ua~ole Final Product: Cr~s safeguards! and free based on. current or previous errors or situations. ... In~e!li6~nce Branch Two Investleati~ms Officer. Goals: To provide data with w~ich every trai~o~ and or si~ua~ion internally is hat. riled. Purpose: To hel.~ LEE s--~e~uard Sclsntolo~y by those situations and individuals who could attack or. be used an $xcuze for impsdinS Human liberty. To help L~H safeguard Scientology, Scientology orgs., and Scientologists by effectively carryin~ ou~ all Intelligence activities which les~ to the future predictions of areas of trouble and provide data by which such can be handled and prosecuted. Policy: As !aid down by L~H in Investigations Officer's Plans: Generally to have every major situation and traitor could ends.~ger Bclentology fully inves~Igated. Programnee: As laid down by CB-G, Guardian, "'~n~ D/G Int. Projects: As laid down by CS-G, Guardian, D/G Int ~nternal Security, G!em out and who, etc. Orders: . As Ziven by CS-G, Guardian and D/G Int ~'~. investigate this traitor where is so ~d so now, keep track of etc. ~deal Zcene: Every situation, traitor and source of d~er to Scientology 'fully inves tlgated. State: 1 for each usable report received, ~ for each ivestiSa;~i~n completed. ~a!uable ~M_nal Product: Information collected on every person and situation of danger to Bcientolo~y. Intelligence Branch T~o Handling Officer GOals: To have handled all extant and potenti'll situations which an attack on ScientOlogy could be based. ~urpoSes: ~o help Rcn safeguard Sclentolo~y, $cientologlsts an~ $cientology orgs by ruthlessly presecutin~ an~ handlln~ all ~ersons s~d situations internally dangerous to Scientology. ~olicy: As laid dow~ by P~H in Handl!n~ O~ficer Hat Progranges: As' !aid down by Ca-G, D/G ~nt. and Guardian. ~!ans: Generally to hs~ndle every situation Of. persons cf current or potential danger to Scien~ology. Projects: As laid down by CS-G, ~uardian and D/G Int. Internal Security, Dead Agent, etc. Orders: As given by Ca-G, ~uardis-n and D/G !nt: Handled get the materials back etc. Ideal Scene: Every current or potentially dangero~-s situation to Sclentolo~y handled. Star: No. of effective actions taken to handle persons or situations. -2 for every situation resulting .in an attack. Valuable Final Produck: Situations and Persons no longer internal threa~s ~c Scientoiogy, Intelligence CIC Branch Two Officer Goal: To have 'data and files available on every current or potential enemy or d~-~Serous situation across the plane~. Purpose: To help tRH safeSuard Sclento!o~V by providing a complete record of cases, situations, ar.d ac~ioz~ taken to handle. Policy: As laid down by I.RH in Cic 2 Hat. Plans: Generally to have complete and expanding records of current and potentially dangerous persons and situations harmful to Sclentology. Progr_mmmes: As laid down by CS-G Guardian and D/G Projects: As lald down by CS-G, Guardian, and D/G Imt WW Orders: As given by CS-G,Guardian and D/G ideai Scene: 'Accurate and up to date data on current progrsm,~es projects and pinpointed enemy dispositions and groups, their ~a!!iances and plans that lead to more effective investigation. Sta~s: No. of projects brought up to date plus reports filed. Xeroxes made. - lOV. aluable Final Product: A more visible enemy and useable Intelligence data. Lo~e~ ================================================================= If this is a copyrighted work, you are acknowledging by receipt of this document from FACTNet that on the basis of reasonable investigation, you have not been to obtain a copy elsewhere at a fair price, and that you are and will abide by the following copyright warning. WARNING CONCERNING COPYRIGHT RESTRICTIONS: The copyright law of the United States (Title 17, United States Code) governs the making of photo copies or other reproductions of copyrighted material. Under certain conditions specified by law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." 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