NOVA SCOTIA COURT OF APPEAL
Citation: Nova Scotia (Assessment) v.
Artificial Reef Society of Nova Scotia, 2007 NSCA 67
Date: 20070531
Docket: CA 273952
Registry: Halifax
Between:
Director of Assessment and
Town of Bridgewater
Appellant
v.
The Artificial Reef Society of Nova Scotia
Respondent
Judges: Bateman, Cromwell & Saunders, JJ.A.
Appeal Heard: May 31, 2007, in Halifax, Nova Scotia
Held: Appeal and cross-appeal dismissed, as per oral reasons for judgment of Saunders, J.A.; Bateman & Cromwell, JJ.A. concurring
Counsel: Mark V. Rieksts, for the appellant & respondent on cross-appeal
David J. Demirkan, for the respondent & appellant by cross- appeal
Reasons for judgment:
[1] We will not disturb a judge’s discretionary award of costs unless wrong principles of law have been applied, or the decision is so clearly wrong as to amount to a manifest injustice.
[2] Neither cause for intervention arises here.
[3] We are not persuaded that the proposed fresh evidence sought to be introduced by the appellant is relevant to the matters before us this morning. We, therefore, decline to receive the impugned correspondence.
[4] While leave to both appeal and cross-appeal is granted, each is denied.
[5] For its success in defeating the main appeal, we award the respondent its costs of $5,000.00 plus disbursements, as taxed or agreed, for its attendance today. There will be no costs on the cross-appeal.
Saunders, J.A.
Concurred in:
Bateman, J.A.
Cromwell, J.A.