Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: R. v. Delaney, 2010 NSSC 101

 

Date: 20100318

Docket: Hfx 303424

Registry: Halifax

 

 

Between:

Her Majesty The Queen

Respondent

v.

 

Timothy S. Delaney

Appellant

 

 

Judge:                            The Honourable Justice M. Heather Robertson

 

Heard:                            March 25, 2009, in Halifax, Nova Scotia

 

Final Written

Submissions:                   February 16, 24 and March 5, 2010

 

Written Decision:  March 18, 2010  (COSTS)

 

Counsel:                         Timothy S. Delaney, self-represented

Kishan R. Persaud, for the respondent


Robertson, J:

 

[1]              When this appeal was originally heard, I ordered that the matter be sent back for re-trial and stated that costs would follow the cause of that trial.

 

[2]              Adjudicator Judith A. Gass found Mr. Delaney not guilty on the re-trial of the matter, but declined to deal with the matter of costs and suggested this Court review the issue of costs.  I am doing so.

 

[3]              Mr. Delaney is entitled to out-of- pocket expenses in pursuing this matter to its completion.  He won the appeal, won at re-trial and has modest costs as he was self-represented. 

 

[4]              I award costs to cover out-of-pocket expenses in the amount of $387.99.  I will not award costs with respect to Mr. Delaney’s lost vacation days.

 

 

 

Justice M. Heather Robertson

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