O’Neil v. O’Neil

O’Neil v. O’Neil

Because the defendants succeeded on a determinative summary judgment motion, the court exercised its discretion under Rule 77.08 to award lump sum costs as a substantial contribution to reasonable legal expenses, finding the motion was not complex and noting duplication of work between counsel; awards of $7,500 inclusive to each pair of defendants were appropriate and proportionate.

Citation
2026 NSSC 83
Parties
Plaintiff: Adrian Ignatius O’Neil; Defendant: James Ignatius O’Neil; Defendant: Raymond Gerard O’Neil; Defendant: Lawrence Ignatius O’Neil; Defendant: Moira Elizabeth Dowling
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 March 2026
Procedural Posture
Civil Summary Judgment (motion to Dismiss for Statute of Limitations) / Costs Decision Following Summary Judgment
Outcome
Costs awarded to the defendants: $7,500 inclusive of disbursements to Lawrence O’Neil and Moira Dowling; $7,500 inclusive of disbursements to Raymond O’Neil and James O’Neil; counsel to prepare orders.
Legal Topics
Summary Judgment, Statute of Limitations, Costs Awards, Tariff C, Lump Sum Costs
Source Language
English
Civil Procedure Limitations of Actions Costs Law Summary Judgment Statute of Limitations Costs Awards Tariff C Lump Sum Costs

Case Brief

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Parties

Adrian Ignatius O’Neil

Plaintiff

James Ignatius O’Neil

Defendant

Raymond Gerard O’Neil

Defendant

Lawrence Ignatius O’Neil

Defendant

Moira Elizabeth Dowling

Defendant

Procedural Posture

Civil Summary Judgment (motion to Dismiss for Statute of Limitations) / Costs Decision Following Summary Judgment

Legal Issues

  1. 1 Whether the plaintiff’s claim is statute-barred
  2. 2 Whether the successful defendants are entitled to costs
  3. 3 Appropriate quantum and basis for costs (tariff vs lump sum)

Ratio Decidendi

Because the defendants succeeded on a determinative summary judgment motion, the court exercised its discretion under Rule 77.08 to award lump sum costs as a substantial contribution to reasonable legal expenses, finding the motion was not complex and noting duplication of work between counsel; awards of $7,500 inclusive to each pair of defendants were appropriate and proportionate.

Court Disposition

Costs awarded to the defendants: $7,500 inclusive of disbursements to Lawrence O’Neil and Moira Dowling; $7,500 inclusive of disbursements to Raymond O’Neil and James O’Neil; counsel to prepare orders.

Orders

  • Plaintiff Adrian Ignatius O’Neil shall pay to Lawrence Ignatius O’Neil and Moira Elizabeth Dowling the lump sum of $7,500 inclusive of disbursements.
  • Plaintiff Adrian Ignatius O’Neil shall pay to Raymond Gerard O’Neil and James Ignatius O’Neil the lump sum of $7,500 inclusive of disbursements.