Haney v. Wall

Haney v. Wall

Taxation allowed in part: photocopying allowed at 15¢/page but reduced where duplicate or excessive copies were unnecessary (reduction of copies for supplemental materials to three for the panel); computerized legal research disallowed as overhead and not taxable here; stationery/bookbinding allowed in a reduced discretionary amount ($250); courier, transportation, airfare (business class) and one-night accommodation (excluding gratuity) allowed as reasonable under Tariff D(2)(6) and (13); filing fees and law stamps allowed. Specific taxed totals were certified for each applicant.

Citation
2006 NSSM 41
Parties
Applicant: Christopher Haney; Applicant: Charles Scott Abbott; Applicant: John Haney; Applicant: Edward Martin Werner; Applicant: Horn Abbot Ltd (formerly Horn Abbot Productions Limited); Respondent: David H. Wall
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 September 2006
Procedural Posture
Taxation of Disbursements Following Court of Appeal Order / Taxation Hearing and Decision
Outcome
Taxation granted in part; certain disbursements allowed, others disallowed or reduced; accounts certified
Legal Topics
Tariff D Disbursements, Photocopy Costs, Computerized Legal Research, Travel and Accommodation, Reasonableness Test, Party and Party Costs
Source Language
English
Costs and Taxation Civil Procedure Appeal Small Claims Court Practice Tariff D Disbursements Photocopy Costs Computerized Legal Research Travel and Accommodation +2 more

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Parties

Christopher Haney

Applicant

Charles Scott Abbott

Applicant

John Haney

Applicant

Edward Martin Werner

Applicant

Horn Abbot Ltd (formerly Horn Abbot Productions Limited)

Applicant

David H. Wall

Respondent

Procedural Posture

Taxation of Disbursements Following Court of Appeal Order / Taxation Hearing and Decision

Legal Issues

  1. 1 Whether photocopy costs claimed are taxable and reasonable and how many copies are recoverable
  2. 2 Whether supplemental factums/authorities and cross-replies ordered by the Court of Appeal are taxable disbursements
  3. 3 Whether computerized legal research is a taxable disbursement

Ratio Decidendi

Taxation allowed in part: photocopying allowed at 15¢/page but reduced where duplicate or excessive copies were unnecessary (reduction of copies for supplemental materials to three for the panel); computerized legal research disallowed as overhead and not taxable here; stationery/bookbinding allowed in a reduced discretionary amount ($250); courier, transportation, airfare (business class) and one-night accommodation (excluding gratuity) allowed as reasonable under Tariff D(2)(6) and (13); filing fees and law stamps allowed. Specific taxed totals were certified for each applicant.

Court Disposition

Taxation granted in part; certain disbursements allowed, others disallowed or reduced; accounts certified

Orders

  • Account for individual applicants (Christopher Haney, Charles Scott Abbott, John Haney and Edward Martin Werner) certified at $5,997.76 plus $40.00 costs of taxation, total $6,037.76
  • Account for corporate applicant Horn Abbot Ltd certified at $5,928.71 plus $40.00 costs of taxation, total $5,968.71