Supreme Court of Nova Scotia
Citation: Northeast Equipment Ltd. v. 3238633 Nova Scotia Ltd, 2016 NSSC 347
Date: 20161206
Docket: Hfx No. 437820
Registry: Halifax
Between:
Northeast Equipment Limited
Applicant
v.
3238633 Nova Scotia Limited (formerly known as “G.A, Turner Plumbing & Heating Limited”), 1109082 Nova Scotia Limited (formerly known as “Greg Turner Plumbing and Heating Limited”), Gregory A. Turner, Bernice Turner, Brenda Turner Schroder, and Leanne Turner Wells
Respondents
Library Heading
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Judge: |
The Honourable Justice Patrick J. Murray |
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Written Decision: |
December 6, 2016 |
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Subject: |
Costs |
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Summary: |
The Applicants submitted a maximum of $5,000. plus disbursements would be an appropriate cost award and that the Respondents’ claim for solicitor client costs was not appropriate in the circumstances. The Respondents claimed their actual legal expenses of $25,300. plus disbursements of $911.71 for a total of $26,211.71.
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Result: |
Court found there was an abuse of the Court’s process, due to inaction on the Applicant in carrying through with the Application. Court found a just cost award in these circumstances to be $15,500. plus $2,000. previously awarded for a total of $17,500. plus disbursements. The amount payable in costs to the Respondents shall be $17,500.00 plus disbursements of $911.71 for a total of $18,411.71. |
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Cases/Rules cited: |
Big X Holdings Inc v. Royal Bank of Canada, 2015 NSSC 350; Giffin v. Soontiens, 2012 NSSC 354. Civil Procedure Rules 77.13; 10.03; 77.09; 88.02; 77.03; Rule 79.09; Rule 13; Rule 77.02; 77.11; 77.10. |
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.