Willis v. Bernard L. Mailman Projects Ltd.

Willis v. Bernard L. Mailman Projects Ltd.

Pre-judgment interest is awarded only up to the original trial date of October 27, 2003 because the plaintiff’s request to adjourn that trial date to address surveillance evidence caused undue and excessive delay; interest on past diminution of earning capacity accrues to that date but not on future diminution; interest is to be calculated using the mid-point method with deductions for advances at the time paid; costs follow the event but are reduced to 50% because the plaintiff’s exaggerated claim and position on surveillance materially lengthened the trial; old tariff applies, Scale 4 is appropriate, amount involved is the award ($272,053.09), and a lump-sum costs award of $60,000...

Citation
2008 NSSC 94
Parties
Plaintiff: Deborah E. Willis; Defendant: Bernard L. Mailman Projects Limited; Defendant: Doyle Patrick Dorey
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 April 2008
Procedural Posture
Motor Vehicle Personal Injury / Post Trial Interest and Costs Determination
Outcome
Pre-judgment interest awarded only to October 27, 2003; interest on past diminution to that date only; advances of $100,000 and $40,000 to be deducted at dates paid; plaintiff awarded reduced costs.
Legal Topics
Pre Judgment Interest, Costs, Offers to Settle, Damages Assessment, Tariff of Costs
Source Language
English
Civil Procedure Tort Law Remedies Pre Judgment Interest Costs Offers to Settle Damages Assessment Tariff of Costs

Case Brief

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Parties

Deborah E. Willis

Plaintiff

Bernard L. Mailman Projects Limited

Defendant

Doyle Patrick Dorey

Defendant

Procedural Posture

Motor Vehicle Personal Injury / Post Trial Interest and Costs Determination

Legal Issues

  1. 1 Whether pre-judgment interest should run for entire period to judgment or be limited and, if limited, to what date
  2. 2 How to calculate interest where advance payments were made
  3. 3 Whether offers to settle affect the period for interest or costs and to what extent

Ratio Decidendi

Pre-judgment interest is awarded only up to the original trial date of October 27, 2003 because the plaintiff’s request to adjourn that trial date to address surveillance evidence caused undue and excessive delay; interest on past diminution of earning capacity accrues to that date but not on future diminution; interest is to be calculated using the mid-point method with deductions for advances at the time paid; costs follow the event but are reduced to 50% because the plaintiff’s exaggerated claim and position on surveillance materially lengthened the trial; old tariff applies, Scale 4 is appropriate, amount involved is the award ($272,053.09), and a lump-sum costs award of $60,000...

Court Disposition

Pre-judgment interest awarded only to October 27, 2003; interest on past diminution to that date only; advances of $100,000 and $40,000 to be deducted at dates paid; plaintiff awarded reduced costs.

Orders

  • Pre-judgment interest shall be calculated to and including October 27, 2003 using the mid-point method for accruals
  • Deduct advances from loss at time of payment: $100000.00 on August 15, 2000 and $40000.00 on May 15, 2003