SUPREME COURT OF NOVA SCOTIA
Citation: Webber v. Investors Group Financial Services Inc., 2012 NSSC 201
Date: 20120522
Docket: Hfx No. 260487
Registry: Halifax
Between:
Edward Webber
Plaintiff
v.
Investors Group Financial Services Inc. and Kevin Gildart
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P. Moir
Heard: March 9, 2012
Final Written
Submissions: May 9, 2012
Subject: Costs, appearance day motion, failure to answer interrogatories
Summary: The plaintiff failed to answer a defendant's interrogatories, and was ordered to do so at appearance day. The defendant requested a $2,000 indemnity under Rule 19.08(2) against its counsel's charges of $2,722.
Issue: Whether to order a substantial contribution toward actual costs of getting answers to interrogatories?
Result: The various Rules that provide for indemnity are different from lump sum party and party costs because Rule 77.09(2)(a) calls for a substantial contribution toward the actual amount counsel will charge to his or her client as a result of the other party's wasteful behaviour. The indemnity is available on an appearance day motion. It is allowed at $2,000 payable now.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.