SUPREME COURT OF NOVA SCOTIA
Citation: Little v. Chignecto, 2004 NSSC 265
Date: 20041216
Docket: S.T. 08691 (216435)
Registry: Truro
Between:
Michael Dewayne Little, an infant represented
by his litigation guardian, Wayne Little
Plaintiff
vs.
Chignecto Central Regional School Board
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Walter R. E. Goodfellow
Heard: October 4 and 5, 2004, in Truro, Nova Scotia
Closing arguments October 6, 2004, in Halifax, Nova Scotia
Final Written
Submissions: November 30, 2004
Subject: COSTS
Summary: Schoolyard accident, student injured, held school had safety policy in effect known by staff, students and parents and applied. Student’s claim for damages for broken leg dismissed. Counsel unable to agree on costs.
Issue: 1. Which Tariff applies - the Tariff effective January 1, 1989, or the recently approved Tariff of September 29, 2004?
2. What weight should be given to the Plaintiff’s offer of settlement?
3. What, if any, adjustment should be made for the disbursement relating to photocopying and travel mileage expense?
4. What is the determination of “amount involved”?
Issue 1 - Cost determination is to be based on the date of commencement of the action and all interlocutory motions/applications are governed by that date. Action commenced April 20, 2000 - 1989 Tariff applies.
Issue 2 - Nil. Plaintiff’s admission as to 51% liable fell short as failed to establish any liability on School or School Board.
Issue 3 - Photocopying reduced by 25%. Travel mileage .36 kilometre allowed.
Issue 4 - “Amount involved” equated to probable exposure fixed at $70,000.00 where liability and damages severed - Scale II.
Result: Michael Little by his guardian, Wayne Little, ordered to pay costs and disbursements totally $5,826.62.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.