SUPREME COURT OF NOVA SCOTIA
Citation: Fougere v. Blunden Construction Ltd., 2013 NSSC 412
Date: 20131126
Docket: Hfx No. 288177
Registry: Halifax
Between:
William Fougere
Plaintiff
and
Blunden Construction Limited
Defendant
and
Fowler Bauld & Mitchell Ltd.
Third Party
LIBRARY HEADING
Judge: The Honourable Justice Patrick J. Murray
Heard: By written submissions, July 12, 2013
Written Decision: November 26, 2013
Subject: Costs - Rule 77
Summary: The Third Party architectural firm brought a motion for Summary Judgment on the evidence (Rule 13.04), seeking to have the Defendant construction company’s claim against it dismissed. Motion for Summary Judgment was dismissed. The Defendant sought costs in excess of Tariff “C” for a Chambers Motion. Third party claiming Tariff “C” costs were appropriate.
Issue: What is an appropriate award of costs? Did special circumstances exist?
Result: Costs in excess of Tariff amount awarded considering the importance of Motion to parties and the amount of preparation time on the motion.
Civil Procedure Rule 77.08 considered.
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