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 Also $2,500 awarded on the withdrawn cross-claim.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.