Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Northern Pulp Nova Scotia Corporation v. D.R. Brenton Ltd.,

2012 NSSC 46

 

Date: (20120126)

Docket: Pic No. 340973

Registry: Pictou

Between:

Northern Pulp Nova Scotia Corporation

Plaintiff

v.

 

D.R. Brenton Limited, carrying on business as

Don Breton’s Fire and Safety Equipment and

Don Brenton’s Fire Protection Equipment

Defendant

 

LIBRARY HEADING

 

Judge:                           The Honourable Justice Patrick J. Murray

 

Heard:                           September 22, 2011, in Pictou, Nova Scotia

 

Written Decision: January 26, 2012

 

Subject:                         Costs.  Party/party and solicitor client.

Rule 77 and rule 18.16 considered

 

Summary:                     The Defendant filed a motion to dismiss discovery subpoenas issued to the Defendant’s witnesses.  The motion was allowed and the Order granted included a direction as to the manner of discovery.

 

Issue:                            What costs should be awarded to the Defendant?               

 

Result:                           The circumstances and factual findings justified an increase in the tariff, for party/party costs.  Further the circumstances warranted an award of Solicitor/client costs in a limited amount.

 

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