Pine Grove Developments Inc. v. Town & Country Property Improvements Ltd.

Pine Grove Developments Inc. v. Town & Country Property Improvements Ltd.

Plaintiffs were entitled to party-and-party costs because they achieved net success of about $27,000, defendants failed to meaningfully contest the negligent performance claim (no counter expert and video evidence favored plaintiffs), defendants unreasonably declined settlement engagement and a settlement conference despite prior notice of quantum, and two of the four trial days related to successful claims; consequently the court awarded Tariff A basic costs plus two trial-day premiums and specified disbursements.

Citation
2013 NSSC 155
Parties
Plaintiff / Defendant by Counterclaim: Pine Grove Developments Incorporated; Plaintiff / Defendant by Counterclaim: Gareth Sager; Defendant / Plaintiff by Counterclaim: Town & Country Property Improvements Limited; Defendant / Plaintiff by Counterclaim: Gary Veinot
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 May 2013
Procedural Posture
Commercial Dispute (negligence/contract/builders' Lien) / Post Trial Costs Decision
Outcome
Costs awarded to plaintiffs (Pine Grove Developments Inc. and Gareth Sager)
Legal Topics
Misrepresentation, Negligent Performance, Damages, Costs, Settlement Offers, Expert Evidence
Source Language
English
Negligence Contract Builders' Lien Civil Procedure Costs Misrepresentation Negligent Performance Damages Costs +2 more

Case Brief

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Parties

Pine Grove Developments Incorporated

Plaintiff / Defendant by Counterclaim

Gareth Sager

Plaintiff / Defendant by Counterclaim

Town & Country Property Improvements Limited

Defendant / Plaintiff by Counterclaim

Gary Veinot

Defendant / Plaintiff by Counterclaim

Procedural Posture

Commercial Dispute (negligence/contract/builders' Lien) / Post Trial Costs Decision

Legal Issues

  1. 1 Whether defendants negligently advised plaintiffs they had to connect to municipal sewer (negligent misrepresentation)
  2. 2 Whether defendants performed sewer connection work negligently
  3. 3 Whether plaintiff was entitled to reimbursement for returned grey water tank

Ratio Decidendi

Plaintiffs were entitled to party-and-party costs because they achieved net success of about $27,000, defendants failed to meaningfully contest the negligent performance claim (no counter expert and video evidence favored plaintiffs), defendants unreasonably declined settlement engagement and a settlement conference despite prior notice of quantum, and two of the four trial days related to successful claims; consequently the court awarded Tariff A basic costs plus two trial-day premiums and specified disbursements.

Court Disposition

Costs awarded to plaintiffs (Pine Grove Developments Inc. and Gareth Sager)

Orders

  • Award plaintiff party-and-party costs in accordance with Tariff A basic scale (Scale 2): $6,250
  • Award plaintiff two trial days at $2,000 per day: $4,000