Force Construction Ltd. v. Campbell

Force Construction Ltd. v. Campbell

The judge exercised the broad discretion conferred by the Civil Procedure Rules, found that both parties equally contributed to the need for trial and achieved mixed success, declined to apply Rule 41A in this case, and ordered that each party bear their own costs, disbursements and pre-judgment interest.

Citation
2008 NSSC 310
Parties
Plaintiff / Defendant by Counterclaim: Force Construction Limited; Defendant / Plaintiff by Counterclaim: Tammy Campbell
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 October 2008
Procedural Posture
Civil Construction/contract Dispute / Post Trial Costs Hearing
Outcome
Costs denied; each party to bear their own costs, disbursements and pre-judgment interest
Legal Topics
Costs, Rule 41 a Offers, Disbursements, Pre Judgment Interest, Judicial Discretion on Costs
Source Language
English
Civil Procedure Construction/building Disputes Contract Law Costs and Remedies Costs Rule 41 a Offers Disbursements Pre Judgment Interest +1 more

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Parties

Force Construction Limited

Plaintiff / Defendant by Counterclaim

Tammy Campbell

Defendant / Plaintiff by Counterclaim

Procedural Posture

Civil Construction/contract Dispute / Post Trial Costs Hearing

Legal Issues

  1. 1 Whether either party is entitled to costs after trial
  2. 2 Whether Rule 41A offer by plaintiff requires enhanced costs
  3. 3 Allocation of disbursements and pre-judgment interest

Ratio Decidendi

The judge exercised the broad discretion conferred by the Civil Procedure Rules, found that both parties equally contributed to the need for trial and achieved mixed success, declined to apply Rule 41A in this case, and ordered that each party bear their own costs, disbursements and pre-judgment interest.

Court Disposition

Costs denied; each party to bear their own costs, disbursements and pre-judgment interest

Orders

  • Each party shall bear their own party-and-party costs, taxed disbursements and pre-judgment interest; no award of costs to either party