SUPREME COURT OF Nova Scotia
Citation: Haas v. Payne Estate, 2016 NSSC 119
Date: 2016-05-04
Docket: Hfx No. 439154
Probate No. H61003
Registry: Halifax
Between:
Martina Haas
Applicant
v.
The Estate of Alton Lee Payne
Respondent
Supplementary Decision on Costs
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Judge: |
The Honourable Justice Gerald R.P. Moir |
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Heard: |
Written submissions only |
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Final Written Submissions: |
April 29, 2016 |
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Counsel: |
Sheree L. Conlon and Michael MacIsaac, for the Applicant Peter L. Coulthard, Q.C. and Julia E. Cornish, Q.C., for the Respondent |
Moir, J.:
[1] My decision of April 7, 2016 settled the amount involved for the purposes of calculating tariff costs at $196,000 and provided for tariff costs of $18,750. This figure totaled $46,000 for arrears and $150,000 for the value of other claims.
[2] Reference to para. 2 of the decision on costs, as well as to para. 3 of my order giving effect to the decision on liability, shows that the correct figure for arrears is $65,925. I mistakenly used the amount of an unsuccessful claim by the estate for return of payments it had made. The order implementing the liability decision reserved on the issue of costs. No other order has been granted. Therefore, it is open to me to change my mind on costs and to correct errors.
[3] Applying the correct amount for the arrears claim increases the amount involved and results in tariff costs of $20,850. I am now granting an order that gives effect to that change.
Moir, J.