Symington v. Halifax (Regional Municipality)

Symington v. Halifax (Regional Municipality)

The defendants, having been successful on the motion, are entitled to costs under Rule 77; the court exercised its discretion under the Rules and Tariff provisions to award costs in the amount of $14,000 (less than the defendants' requested $16,000 multiplier amount).

Citation
2012 NSSC 284
Parties
Plaintiff/respondent: James Symington; Defendant/applicant: Halifax Regional Municipality; Defendant/applicant: Halifax Regional Police Service
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 July 2012
Procedural Posture
Civil Litigation / Costs Application Following Successful Motion to Strike Portions of Pleadings and for Summary Judgment
Outcome
Defendants' request for costs granted
Legal Topics
Costs Awards, Summary Judgment, Striking Pleadings, Tariff Multipliers, Malicious Prosecution
Source Language
English
Civil Procedure Costs Costs Awards Summary Judgment Striking Pleadings Tariff Multipliers Malicious Prosecution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

James Symington

Plaintiff/respondent

Halifax Regional Municipality

Defendant/applicant

Halifax Regional Police Service

Defendant/applicant

Procedural Posture

Civil Litigation / Costs Application Following Successful Motion to Strike Portions of Pleadings and for Summary Judgment

Legal Issues

  1. 1 Whether the successful party is entitled to costs under Rule 77
  2. 2 Whether a multiplier to the tariff should be applied and the appropriate amount
  3. 3 Whether the plaintiff's conduct (litigation by installments and alleged non-disclosure) should reduce or negate costs entitlement

Ratio Decidendi

The defendants, having been successful on the motion, are entitled to costs under Rule 77; the court exercised its discretion under the Rules and Tariff provisions to award costs in the amount of $14,000 (less than the defendants' requested $16,000 multiplier amount).

Court Disposition

Defendants' request for costs granted

Orders

  • Defendants awarded costs in the amount of $14,000 payable by the plaintiff