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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.