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