Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Doug Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd., 2013 NSSC 114     

 

Date: 20130322

Docket: Hfx No. 192468

Registry: Halifax

 

Between:

 

Doug Boehner Trucking & Excavating Limited,

a body corporate

 

Plaintiff/Defendant by Counterclaim

v.

 

United Gulf Developments Limited, a body corporate

and Greater Homes Inc., a body corporate              

 

Defendants/Plaintiffs by Counterclaim

v.

 

W. Eric Whebby Limited

Third Party by Counterclaim

v.

 

Garden Crest Developments Limited

Fourth Party by Counterclaim

 

LIBRARY HEADING

 

Judge:         The Honourable Justice M. Heather Robertson

 

Heard:        March 4, 2013, in Halifax, Nova Scotia

 

Decision:     March 22, 2013 (COSTS)        

 

Subject:      Costs following Trial # 1 2006 - Appeal 2007 - Trial # 2 2012    

 

 

 


Summary:  On appeal a retrial was ordered due to failure of the court  recording system that provided no record of the evidence of the first trial.  Unusual circumstances - no fault of parties.  Mediation entered into voluntarily by the parties with the Province of Nova Scotia for recovery of some trial #1 costs.

 

Issue:  Calculation of prejudgment interest, appropriate tariff and calculation of costs award for both trials and Appeal costs.  Rule 77.         

 

Result:  Award of costs are at the discretion of Court with guidance from the Rule.  Court applied Bevis v. CTV Inc., 2004 NSSC 209 and applied 1989 Tariff A for both trials on the amount of $487,295.57, and applied a treasury bond rate of 2.15% for prejudgment interest, with fixed appeal costs of  $6,000 to be paid by Whebby to Garden Crest and United Gulf.  Disbursement costs agreed to by counsel.

 

 

 

 

 

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