Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: Willis v. Bernard L. Mailman Projects Limited 2008 NSSC 94

 

Date: 20080402

Docket: SBW 196764

Registry: Bridgewater

Between:

Deborah E. Willis

Plaintiff

v.

 

Bernard L. Mailman Projects Limited

and Doyle Patrick Dorey

Defendants

LIBRARY HEADING

 

Judge:                          The Honourable Justice Suzanne M. Hood

 

Heard:              February 13, 2008 in Halifax, Nova Scotia

 

Written Decision:         April 2, 2008

 

Subject:                        Interest and costs: personal injury claim

 

Summary:                    The plaintiff was awarded damages for loss of valuable services, special damages, future care costs, diminution of earning capacity and pension loss.  The period of lost income was also calculated.  The parties agreed on the amount of that lost income but could not agree upon interest and costs.

 

Issues:                         1.         Interest

 

a.     Period for interest

b.     Calculation of interest where advance payments were made

 

2.         Costs

 

a.       Who should get costs and the effect of offers on costs;

b.     Fixing the amount of costs:

(i)    Old or new tariff

(ii)   Scale

(iii)  Amount involved

(iv)  Amount of costs

 

Result: Interest awarded up to originally scheduled trial date.  Undue delay              thereafter until trial date.  Interest calculation where advance payments                                                                        made.

 

Costs to plaintiff reduced by one-half because of exaggerated claim and position of plaintiff re claim and evidence which lengthened the trial.

 

Old tariff and Scale 4 used.  Lump sum costs award made, reduced by fifty percent.

 

 

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