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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.