SUPREME COURT OF NOVA SCOTIA
Citation: Windsor v. Adu Poku 2003 NSSC 095
Date: 20030425
Docket: S.P. No. 02726
Registry: Pictou
Between:
Genevieve Windsor
Plaintiff
v.
Dr. Yaw Adu Poku
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Douglas L. MacLellan
Last Written
Submission: March 5, 2003
Written Decision: April 25, 2003
Subject: Civil Law - Costs and Disbursements
Summary: Plaintiff’s action against defendant dismissed at trial. No provisional award of damages made. Defendant claimed costs of $14,125.00 based on an amount involved of $325,000.00 and disbursements of $21,832.00. Plaintiff asked Court to consider her financial circumstances in deciding the appropriate amount of costs and disbursements to award.
Issue: Should the Court consider the plaintiff’s financial circumstances in deciding an appropriate amount of costs.
Result: Financial circumstances of plaintiff is relevant in decision to award costs. Kaye v. Campbell (1984), 65 N.S.R. (2d) 173 followed. Costs of $4,800.00 awarded and disbursements of $5,200.00.
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