Supreme Court

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation:  Roscoe v. Halifax (Regional Municipality),  2013 NSSC 5

Date: (20130104)

Docket: Hfx 307889

Registry: Halifax

Between:

Elizabeth Roscoe

Plaintiff

v.

Halifax Regional Municipality

Defendant

LIBRARY HEADING

Judge:             The Honourable Justice Pierre L. Muise

Final Written

Submissions:              January 25, 2012

Counsel:                     Jean McKenna, for Elizabeth Roscoe

Karen E. MacDonald, for Halifax Regional Municipality                 

Summary:                  The parties agreed on all aspects of costs following trial except whether the Defendant=s approach to settlement negotiations and conduct were such as to warrant granting augmented costs. The approach and conduct complained of included: instructing its lawyer to negotiate subject to after-the-fact approval by Halifax Regional Council (allegedly giving the impression of admission of liability); rejecting the advice of its lawyer in relation to settling liability and damages and instructing her to proceed to trial on both issues; discontinuing negotiations; and, subsequently retaining an expert to bolster its case.

Issue:                          Whether augmented costs should be awarded as a remedial penalty.

Result:                        It was not shown that the Defendant=s conduct amounted to the type of                            wrongful conduct required to justify the imposition of augmented costs as                                     a remedial penalty.

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