Court of Appeal

NOVA SCOTIA COURT OF APPEAL

Citation: MacIsaac v. Antigonish (County), 2009 NSCA 125

Date: 20091208

Docket: CA 312674

Registry: Halifax

Between:

M. Teresa MacIsaac

Appellant

v.

Municipality of the County of Antigonish,

Attorney General of Nova Scotia, and     

Nova Scotia Utility and Review Board   

Respondents

Judge:                   The Honourable Justice M. Jill Hamilton

Appeal Heard:      November 23, 2009

Subject:                Offer to settle within the meaning of s. 52 of the Expropriation Act, R.S.N.S. 1989, c. 156

Summary:             The respondent expropriated land owned by the appellant. It made several offers of compensation which were refused. Its June 2003 offer was for an all-inclusive amount of $70,000 including costs. As the parties could not reach an agreement, the Nova Scotia Utility and Review Board later determined the amount of compensation payable for the land exclusive of costs, $53,100. That decision was not appealed. Subsequently, the appellant claimed costs on the basis she was entitled to all of her costs whether they were incurred before or after the June 2003 offer. Her claim was based on her argument that the June 2003 offer did not qualify as an “offer to settle” under s.52 of the Expropriation Act, R.S.N.S. 1989, c. 156. The respondent’s position was that the June 2003 offer was governed by s.52 and that the appellant was only entitled to costs she incurred after the June 2003 offer, if the $53,100 awarded by the Board together with her costs incurred prior to June 2003 were less than the all-inclusive June 2003 offer of $70,000. This costs issue went before the Board which agreed with the respondent and found the June 2003 offer was an “offer to settle” within the meaning of s.52 of the Expropriation Act, despite it being subject to the approval of the province and inclusive of costs.

Issue:          Did the Board err in finding the June 2003 offer was an “offer to settle” governed by s.52 of the Act?  

Result:                  Appeal dismissed. The Board did not err.