IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Smith v. Michelin North America (Canada) Inc., 2008 NSSC 66
Date: 200803010
Docket: SH 248992
Registry: Halifax
Between:
Everett Smith
Applicant
- and -
Michelin North America (Canada) Inc.
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: By written submissions: last written submissions January 15, 2008
Written Decision: March 10, 2008
Subject: Costs; costs from pension fund.
Summary: In a decision released October 30, 2007, the application of Everett Smith to have Michelin pay $268 million into the Michelin pension fund was dismissed. The parties now address the issue of costs.
Issue: 1. Should both parties have their costs on a solicitor/client basis paid from the pension fund?
2. Alternatively, should they be paid on a party/party basis and, if so, on the basis of Tariff A or C?
3. In the further alternative, should only the successful party, Michelin, be entitled to its costs? Should they be paid from a) the pension fund or b) by the applicant personally?
Result: Costs of $500,000.00 plus disbursements to successful respondent only; to be paid one-half by applicant, one-half from pension fund.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.