Sep 10, 2015

Nova Scotia Civil Procedure Rules annotation of Rule 77.06

Canadian Residential Inspection Services Ltd. v. Swan, 2013 NSSC 226 (CanLII)
Rule 77.06 – Assessment of costs under tariff at end of proceeding
Upon termination of the franchise agreement between the parties, the defendants continued to conduct home inspections and to use the plaintiff's materials, telephone number and email address in breach of the agreement. The plaintiff sued. The defendants counterclaimed, arguing in part that the agreement was unenforceable and signed under duress. The court dismissed the defendant's counterclaim and awarded damages to the plaintiff. Held, costs of $18,250 awarded. The amount involved was the amount in damages awarded to the plaintiff ($32,000), not the amount the plaintiff claimed ($140,000). In arriving at a costs award of $18,250, the court applied Scale 2 of Tariff A to the $32,000 award for a total of $6,250, plus six days of trial at $2,000 per day for a total of $12,000. The plaintiff requested a further $3,000 pursuant to Rule 77.07 due to the defendant's unnecessary pre-trial motions and misguided arguments, which lengthened the trial. The court denied this request. However, it chose not to exercise its discretion to find that the trial ought to have been shorter since doing so would penalize the plaintiff for the defendants' time-consuming conduct.