IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Armour Group Ltd. v. Halifax (Regional Municipality), 2008 NSSC 123
Date: 20080703
Docket: S.H. No. 288775
Registry: Halifax
Between:
The Armour Group Limited
Plaintiff
v.
Halifax Regional Municipality, a body corporate
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Walter R.E. Goodfellow
Heard: March 17, 2008 in Halifax, Nova Scotia
Written Decision: July 3, 2008 (COSTS)
Subject: Costs - Chambers Tariff C
Summary: Armour Group sought and obtained a declaration that 1870 Upper Water Street was not designated as a Heritage Property. The Chambers Application commenced at 9:30 a.m. and involved briefs, argument and cross-examination on affidavits. It concluded at 12:12 p.m. Armour indicated it’s legal fees were approximately $35000 and sought party and party Chambers costs of $27000.
Issue: Should costs be allowed in excess of Tariff C?
Result: Answered in the negative. The speed of escalation of legal fees is not one that the Court can or should try and keep pace with. Solicitors and clients are in the market place and set their own contractual fee and service conditions. The Court through its establishing of Tariffs is meant to provide a reasonable level of recovery of party and party costs and the Court should adhere to the Tariffs unless special circumstances are established. New Tariffs are meant to provide a high level of certainty to litigants as to the degree of recovery they can reasonably anticipate should they be the recipient of an award of costs or the costs a party may be called upon to pay if unsuccessful.
This Chambers Application, while important to all the parties, did not have any special circumstances as indicated in the decision.
Armour awarded costs taxed in the amount of $950 plus disbursements.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.