SUPREME COURT OF NOVA SCOTIA
Citation: Bain v Nova Scotia (Attorney General),2013 NSSC 82
Date: 20130228
Docket: Syd. No. 313233
Registry: Sydney, N.S.
Between:
SANDRA BAIN of Saint John, Province of New Brunswick, and LEOTHA SEALE, of Sydney, Nova Scotia
Plaintiffs (Defendants by Counterclaim)
and
THE ATTORNEY GENERAL OF THE PROVINCE OF NOVA SCOTIA, representing Her Majesty the Queen in Right of the Province
Defendant
and
SCOTIA LIMESTONE LIMITED and LLOYD FRASER and PATRICIA FRASER
Defendants (Plaintiffs by Counterclaim)
DECISION ON COSTS
Judge: The Honourable Justice Patrick J. Murray
Heard: Final written submissions on Costs received from the parties on November 7th, 9th, 20th, 27th, and December 6th, 2012
Written Decision on Costs: February 28, 2013
Subject: Costs on a Quieting Action
Summary: Two Plaintiffs claimed certificates of title to separate lots, occupied by each Plaintiff. One Plaintiff, Seale was successful. The other Plaintiff, Bain was not. The successful Plaintiff claimed costs against the Defendants. The Defendants in turn claimed costs against the Plaintiff Bain.
Issue: What are appropriate costs pursuant to Civil Procedure Rule 77? Should the length of trial be reduced by one half for cost purposes?
Result: Costs awarded to the Plaintiff Seale and to the Defendants as against the Plaintiff Bain. Value of land considered in determining “amount involved” for cost purposes. Length of trial maintained with slight reduction. Costs awarded based on 4.5 days of a 5 day trial. Discretion exercised in determining concept involved and real costs. Allocation of costs where mixed results discussed generally. Disbursements for meals and accommodations approved (in part) under wording of 2009 Rules.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.