Supreme Court

Decision Information

Decision Content

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.

 

 

 

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