Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: Parnell v. Collicutt, 2008 NSSC 35

 

Date: 20080204

Docket: S.Bw. No. 237167

Registry: Halifax

 

Between:                      Elizabeth Parnell, Spruce Cove Wildlife Rehabilitation

Centre, and Tracey Roberts

                                                                                                                                                Plaintiffs

 

v.

 

Lester D. Collicutt, Lester D. Collicutt Ventures Limited,

Shawn Bernard Martin, and Darla Joyce Johnson

Defendants

 

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Gerald R P Moir

 

Heard:                        28, 29, and 30 March 2007 at Halifax

 

Deadline for

Written

Submissions:              31 December 2007

 

Summary:                   Costs had to be assessed after defendants had been generally successful.  The main issue was the counter-claim for an injunction restraining  interference with a right-of-way.  One set of defendants had made a formal offer that was better for the plaintiffs than they received after trial.  Plaintiffs had made unproved allegations of fraud.  Also, one set of defendants abandoned a cross-claim shortly before trial.

 

Issue:                          Solicitor and client costs?

Amount of party and party costs?                                 

 

Result:                        Not a case for solicitor and client costs.  The “amount involved” was set at $100,000.  Basic scale with three days of trial led to an $18,250 assessment plus $5,000 lump sum for the fraud allegation.  Defendants who made formal offer receive an additional $6,000.  Also $2,500 awarded on the withdrawn cross-claim.

 

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