Gillis v. BCE Inc.

Gillis v. BCE Inc.

Court declined Plaintiffs' request to waive costs for policy reasons, applied Tariff C, found the hearings consumed more than one and a half days and were unusually complex, set a $3,000 base under Tariff C and applied a multiplier of three for complexity and importance, awarding $9,000 inclusive of HST to the...

Source-derived case information.

Citation
2014 NSSC 336
Parties
Plaintiffs: John Gillis et al; Defendants: BCE Inc. et al
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 September 2014
Procedural Posture
Class Proceeding / Costs Determination Following Interlocutory Motions (stay and Reopening)
Outcome
Costs awarded to the Plaintiffs against the Defendants jointly and severally in the amount of $9,000 inclusive of HST, in any event of the cause, payable forthwith
Legal Topics
Abuse of Process, Permanent Stay, Reopening Evidence, Costs Awards, Class Proceedings Act S.40
Source Language
english
Class Actions Civil Procedure Costs Abuse of Process Permanent Stay Reopening Evidence Costs Awards Class Proceedings Act S.40

Source-derived case record

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Parties

John Gillis et al

Plaintiffs

BCE Inc. et al

Defendants

Procedural Posture

Class Proceeding / Costs Determination Following Interlocutory Motions (stay and Reopening)

Legal Issues

  1. 1 Whether costs should be awarded to the successful party on interlocutory motions in a class proceeding
  2. 2 Whether policy considerations under the Class Proceedings Act justify declining costs in interlocutory class proceedings
  3. 3 Appropriate tariff and multiplier for an unusually complex interlocutory hearing

Ratio Decidendi

Court declined Plaintiffs' request to waive costs for policy reasons, applied Tariff C, found the hearings consumed more than one and a half days and were unusually complex, set a $3,000 base under Tariff C and applied a multiplier of three for complexity and importance, awarding $9,000 inclusive of HST to the Plaintiffs payable forthwith and jointly and severally against the Defendants.

Court Disposition

Costs awarded to the Plaintiffs against the Defendants jointly and severally in the amount of $9,000 inclusive of HST, in any event of the cause, payable forthwith

Orders

  • Costs awarded against the Defendants jointly and severally, in any event of the cause, in favour of the Plaintiffs, in relation to both the motion to stay and the motion to reopen the proceedings in the amount of $9,000 all inclusive, to be paid forthwith.
  • Defendants to prepare the formal order to reflect the decision of the court.