IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Sand, Surf and Sea Ltd. v. Nova Scotia (Transportation and Public Works), 2005 NSSC 278
Date: 20051014
Docket: SH 224279
Registry: Halifax
Between:
Sand, Surf and Sea Limited
Applicant
v.
The Minister of the Department of Transportation
and Public Works for the Province of Nova Scotia
Respondent
LIBRARY HEADING
Judge: The Honourable Justice John D. Murphy
Final Written
Submissions: September 12, 2005
Subject: Costs Following Dismissal of Application for Mandamus Order
Summary: Land owner sought mandamus (or alternatively declaration) directing Respondent Minister to provide consent which is required pursuant to Section 42 of the Public Highways Act as a prerequisite to reconstruction of a building within 100 metres of the highway center line. Application was dismissed. Parties had filed extensive affidavit evidence, expert survey information and substantial written argument. Two pre-hearing conferences were held and oral submissions occupied two days.
Respondent achieved complete success, and resolution of the Application determined all matters at issue. Case concerned important issues for both parties and legal principles of substantial complexity.
Issue: Should successful Respondent recover costs and if so, in what amount?
Result: There were no special circumstances to suggest Court should deviate from the general practice that costs follow the event. Lump sum costs in amount $4,000.00 were awarded, plus disbursements proved in amount $5,650.00.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.