Richards Estate v. Industrial Alliance Insurance and Financial Services

Richards Estate v. Industrial Alliance Insurance and Financial Services

The court found as a fact that the plaintiffs conducted the litigation with a common interest — advancing overlapping factual and legal arguments, represented by the same counsel, and as sole beneficiaries would personally benefit — and applied the presumptive rule that unsuccessful plaintiffs who pursue common aims are jointly and severally liable for costs; accordingly costs were awarded jointly and severally to the defendant.

Citation
2019 NSSC 122
Parties
Plaintiff/respondent: Sandra Nicole Richards; Plaintiff/respondent: John Paul Bartlett Richards; Defendant/applicant: Industrial Alliance Insurance and Financial Services
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 May 2019
Procedural Posture
Civil (insurance and Estate Dispute) Summary Judgment Motion / Supplemental Costs Decision Following Summary Judgment
Outcome
Costs awarded to Defendant on a joint and several basis against the Plaintiffs.
Legal Topics
Summary Judgment, Joint and Several Costs, Limitation Period, Estate Claims, Bad Faith, Executor Duties
Source Language
English
Insurance Law Estate Law Civil Procedure Costs Law Summary Judgment Joint and Several Costs Limitation Period Estate Claims +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Sandra Nicole Richards

Plaintiff/respondent

John Paul Bartlett Richards

Plaintiff/respondent

Industrial Alliance Insurance and Financial Services

Defendant/applicant

Procedural Posture

Civil (insurance and Estate Dispute) Summary Judgment Motion / Supplemental Costs Decision Following Summary Judgment

Legal Issues

  1. 1 Whether costs should be awarded jointly and severally against multiple plaintiffs
  2. 2 Whether plaintiffs’ separate capacities (individuals v. executors for the estate) preclude joint liability for costs
  3. 3 Whether the plaintiffs pursued a common interest sufficient to justify joint and several costs

Ratio Decidendi

The court found as a fact that the plaintiffs conducted the litigation with a common interest — advancing overlapping factual and legal arguments, represented by the same counsel, and as sole beneficiaries would personally benefit — and applied the presumptive rule that unsuccessful plaintiffs who pursue common aims are jointly and severally liable for costs; accordingly costs were awarded jointly and severally to the defendant.

Court Disposition

Costs awarded to Defendant on a joint and several basis against the Plaintiffs.

Orders

  • Lump sum costs of $22,000 and disbursements of $1,706.16 awarded to Industrial Alliance Insurance and Financial Services, payable jointly and severally by Sandra Nicole Richards and John Paul Bartlett Richards.