Cape Breton Development Corporation v. D. Roper Services Limited

Cape Breton Development Corporation v. D. Roper Services Limited

Devco is awarded costs on its claim under Tariff A Scale 4 assessed on an amount involved of $270,307.05 with a 20% reduction to fees (disbursements allowed except those related to withdrawn claims) because the court exercised its discretion under CPR 63 having regard to withdrawn claims and late disclosure; Devco is not awarded costs for defending Roper's counterclaim; Roper is not awarded costs on its counterclaim despite a nominal $10,000 award; pre-judgment interest to Devco is awarded for five years (March 13, 1986 to March 12, 1991) at 8% simple.

Citation
2002 NSSC 39
Parties
Plaintiff/defendant by Counterclaim: Cape Breton Development Corporation; Defendant/plaintiff by Counterclaim: D. Roper Services Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 March 2002
Procedural Posture
Contract Dispute (breach of Contract and Counterclaim) / Costs Decision Following Trial
Outcome
Partial award of costs to plaintiff; costs denied for counterclaim; pre-judgment interest awarded for a limited period
Legal Topics
Breach of Contract, Counterclaim, Costs Assessment, Pre Judgment Interest, Disclosure, Withdrawal of Claims, Expert Evidence
Source Language
English
Contract Law Civil Procedure Costs Damages Interest Breach of Contract Counterclaim Costs Assessment +4 more

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Parties

Cape Breton Development Corporation

Plaintiff/defendant by Counterclaim

D. Roper Services Limited

Defendant/plaintiff by Counterclaim

Procedural Posture

Contract Dispute (breach of Contract and Counterclaim) / Costs Decision Following Trial

Legal Issues

  1. 1 Whether successful party entitled to costs and appropriate tariff/scale
  2. 2 Whether late withdrawals and late disclosure justify reduction or shift of costs
  3. 3 Whether counterclaimant is entitled to costs despite nominal damages award

Ratio Decidendi

Devco is awarded costs on its claim under Tariff A Scale 4 assessed on an amount involved of $270,307.05 with a 20% reduction to fees (disbursements allowed except those related to withdrawn claims) because the court exercised its discretion under CPR 63 having regard to withdrawn claims and late disclosure; Devco is not awarded costs for defending Roper's counterclaim; Roper is not awarded costs on its counterclaim despite a nominal $10,000 award; pre-judgment interest to Devco is awarded for five years (March 13, 1986 to March 12, 1991) at 8% simple.

Court Disposition

Partial award of costs to plaintiff; costs denied for counterclaim; pre-judgment interest awarded for a limited period

Orders

  • Devco awarded costs on its claim calculated on an amount involved of $270,307.05 under Tariff A Scale 4 with a 20% reduction to fees; disbursements allowed except those relating to withdrawn claims
  • Devco not awarded costs for defending Roper's counterclaim