Atlantic Highways Corporation v. Nova Scotia (Transportation)
The appeal is dismissed as discontinued by the appellants; the appeal was not frivolous and there is no reason to increase costs above the norm, therefore $750 is a reasonable award of costs to each respondent.
Source-derived case information.
- Citation
- 1997 NSCA 115
- Parties
- Appellant: Atlantic Highways Corporation; Appellant: Atlantic Highways Management Corporation; Respondent: Her Majesty the Queen in Right of the Province of Nova Scotia (Department of Transportation); Respondent: Dean Jobb; Respondent: David Rodenhiser; Respondent: Atlantic Canada Transportation Group Inc.
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 June 1997
- Procedural Posture
- Appeal / Oral Judgment; Appeal Dismissed After Appellants Discontinued the Appeal on the Eve of Hearing
- Outcome
- Appeal dismissed
- Legal Topics
- Discontinuance, Costs Award, Appeal Procedure, Orders for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Atlantic Highways Corporation
Appellant
Atlantic Highways Management Corporation
Appellant
Her Majesty the Queen in Right of the Province of Nova Scotia (Department of Transportation)
Respondent
Dean Jobb
Respondent
David Rodenhiser
Respondent
Atlantic Canada Transportation Group Inc.
Respondent
Procedural Posture
Appeal / Oral Judgment; Appeal Dismissed After Appellants Discontinued the Appeal on the Eve of Hearing
Legal Issues
- 1 Whether costs above the norm should be awarded after appellants discontinued the appeal
- 2 Effect of discontinuance on the disposition of the appeal
- 3 Proper allocation and quantum of costs to respondents
Ratio Decidendi
The appeal is dismissed as discontinued by the appellants; the appeal was not frivolous and there is no reason to increase costs above the norm, therefore $750 is a reasonable award of costs to each respondent.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
- The appellants pay costs to the respondents Dean Jobb and the Province of Nova Scotia in the amount of $750.00 each.
Full Case Text
Judgment text and source record
1 paragraphs
Atlantic Highways Corporation v. Nova Scotia (Transportation) Court Court of Appeal Date 1997-06-11 Citation 1997 NSCA 115 Docket CA 136308 Judge/Registrar/Adjudicator Roscoe, Elizabeth A. (Honourable Justice) (CA); Flinn, Edward J. (Honourable Justice); Hallett, J. Doane (Honourable Justice) (CA) Document Type Decision Decision Content Date: 19970611 Docket: C.A. 136308 NOVA SCOTIA COURT OF APPEAL Cite as: Atlantic Highways Corporation v. Nova Scotia (Transportation) , 1997 NSCA 115 Hallett, Roscoe and Flinn, JJ.A. BETWEEN: ATLANTIC HIGHWAYS CORPORATION, a ) David P.S. Farrar body corporate, and ATLANTIC HIGHWAYS ) for the Appellants MANAGEMENT CORPORATION, a body ) corporate ) ) Appellants ) ) - and - ) ) David G. Coles ) for the Respondent HER MAJESTY THE QUEEN IN RIGHT OF ) THE PROVINCE OF NOVA SCOTIA ) (DEPARTMENT OF TRANSPORTATION), ) DEAN JOBB, DAVID RODENHISER and ) ATLANTIC CANADA TRANSPORATION GROUP ) INC., a body corporate ) ) Respondents ) Appeal Heard: ) June 11, 1997 ) ) ) Judgment Delivered: ) June 11, 1997 ) ) ) ) ) ) ) ) THE COURT: Appeal dismissed per oral reasons for judgment of Hallett J.A.; Roscoe and Flinn, JJ.A. concurring The reasons for judgment of the Court were delivered orally by: HALLETT, J.A.: We have considered the arguments on the costs issue. The appeal was not frivolous. There is no reason to increase costs above the norm - $750.00 is reasonable. The following order will issue: WHEREAS the appeal was scheduled to be heard on June 11th, 1997, at 10 a.m.; AND WHEREAS the appellants, on the afternoon of June 10th, 1997, wholly discontinued the appeal; AND WHEREAS the appellants and the Province of Nova Scotia have agreed on costs in the amount of $750.00; IT IS HEREBY ORDERED THAT the appeal is dismissed. IT IS FURTHER ORDERED THAT the appellants pay costs to the respondents Dean Jobb and the Province of Nova Scotia in the amount of $750.00 each. Hallett, J.A. Concurred in: Roscoe, J.A. Flinn, J.A. C.A. No. 136308 NOVA SCOTIA COURT OF APPEAL BETWEEN: ATLANTIC HIGHWAY CORPORATION, ) a body corporate, and ATLANTIC ) HIGHWAYS MANAGEMENT ) CORPORATION, a body corporate ) ) Appellants ) - and - ) REASONS FOR ) JUDGMENT BY: HER MAJESTY THE QUEEN IN RIGHT ) OF THE PROVINCE OF NOVA SCOTIA ) HALLETT, J.A. (DEPARTMENT OF TRANSPORTATION), ) (Orally) DEAN JOBB, DAVID RODENHISER and ) and ATLANTIC CANADA TRANSPORATION ) GROUP INC., a body corporate ) ) Respondents ) ) ) ) ) ) )