Jesty v. Vincent A. Gillis Inc.

Jesty v. Vincent A. Gillis Inc.

Applied Tariff C range for a hearing of less than half a day ($750–$1,000), found the matter was not particularly complex but was of high importance and required substantial effort because of the age of allegations, multiplicity of proceedings and late arising issues; applied a multiplier of two to the high end of the range resulting in an award of $2,000 inclusive of disbursements payable forthwith.

Citation
2019 NSSC 355
Parties
Plaintiff/respondent: Albert Jesty; Plaintiff/respondent: Marlene Jesty; Defendant/applicant: Vincent A. Gillis Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 November 2019
Procedural Posture
Civil Summary Judgment / Costs Assessment Following Summary Judgment
Outcome
Costs awarded to Defendant/Applicant Vincent A. Gillis Inc.
Legal Topics
Summary Judgment, Costs Assessment, Tariff C, Limitations of Actions Act, Multiplier for Costs
Source Language
English
Civil Procedure Costs Limitations Summary Judgment Costs Assessment Tariff C Limitations of Actions Act Multiplier for Costs

Case Brief

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Parties

Albert Jesty

Plaintiff/respondent

Marlene Jesty

Plaintiff/respondent

Vincent A. Gillis Inc.

Defendant/applicant

Procedural Posture

Civil Summary Judgment / Costs Assessment Following Summary Judgment

Legal Issues

  1. 1 What quantum of costs is appropriate following a successful summary judgment motion that disposed of the proceeding
  2. 2 Whether a multiplier to the Tariff C range should be applied and if so what multiplier

Ratio Decidendi

Applied Tariff C range for a hearing of less than half a day ($750–$1,000), found the matter was not particularly complex but was of high importance and required substantial effort because of the age of allegations, multiplicity of proceedings and late arising issues; applied a multiplier of two to the high end of the range resulting in an award of $2,000 inclusive of disbursements payable forthwith.

Court Disposition

Costs awarded to Defendant/Applicant Vincent A. Gillis Inc.

Orders

  • Costs in the amount of $2,000.00 inclusive of disbursements awarded to Vincent A. Gillis Inc. and payable forthwith