SUPREME COURT OF Nova Scotia
Citation: Canadian Lebanese Chamber of Commerce and Industry N.S. Society v. O’Leary, 2018 NSSC 46
Date: 20180307
Docket: Hfx No. 466661
Registry: Halifax
Between:
The Canadian Lebanese Chamber of
Commerce and Industry N.S. Society
Plaintiff
v.
Terrence Thomas Kevin O’Leary
Defendant
Library Heading
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Judge: |
The Honourable Justice Mona M. Lynch
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Heard:
Written Submissions by Plaintiff:
Written Submissions by Defendant
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December 7, 2017, in Halifax, Nova Scotia
January 31, 2018
February 20, 2018
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Written Decision: |
March 7, 2018 |
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Subject: |
Judicial Notice; Costs on Chambers Motion |
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Summary: |
The defendant applied to dismiss an action for want of jurisdiction or stay the action in favour of a more appropriate forum. The motion was dismissed after a hearing of one half day. The plaintiff asks the court to take judicial notice of certain statements of fact and seeks costs in the amount of $12,000. The defendant suggests costs of $1,000, and asks that judicial notice not be taken. |
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Issues: |
(1) Should judicial notice be taken of the statements put forward by the plaintiff? (2) What is the appropriate costs award?
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Result: |
Judicial notice is not taken as the facts were not so notorious or generally accepted as to not be the subject of debate among reasonable persons and were not readily accessible from a source of indisputable accuracy. Costs in the amount of $3,500 inclusive of disbursements awarded to be payable forthwith. |
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