Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: Chater v. Canada Lands Company, 2005 NSSC 120

 

Date: 20050518

Docket: S.H. 204478

Registry: Halifax

 

Between:

Elie Chater and Almon Investment

Plaintiffs/Respondents

v.

 

Canada Lands Company CLC Limited

Defendant/Applicant

 

 

 

LIBRARY HEADING

 

 

 

Judge:             The Honourable Justice Walter R.E. Goodfellow

 

Heard:                        February 15, 2005, in Halifax, Nova Scotia (Chambers)

 

Final Written

Submissions on Costs:           May 9, 2005

 

 

Summary:       Application to strike pleadings and for summary judgment granted in Chambers February 15, 2005 upon the court concluding that mere intentions, negotiations, etc., and pleadings of a cause of action failed to create a cause of action.

 

 Originating notice of action filed July 21, 2003 therefore the new Tariff of September 29, 2004 does not apply (Little v. Chignecto Central Regional School Board (2004), 230 N.S.R. (2d) 1.

 

Result:            The hearing was less than two hours in duration.  However, a number of steps prior to the application including two days of discovery, etc.  Striking the pleadings and alternately granting summary judgment bring a conclusion to the action and therefore costs should be dealt with on a final basis taking into account the time, effort, etc.  Costs and disbursements taxed in the amount of $5,000 plus $510.97, a total of $5,510.97.

 

 

 

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