Nova Scotia (Assessment) v. Artificial Reef Society of Nova Scotia
The Court refused to disturb the trial judge's discretionary costs award because no wrong principle of law was applied and there was no manifest injustice; it declined to admit the proposed fresh evidence as irrelevant; accordingly leave to appeal and cross-appeal was granted but substantive appeals were denied, and...
Source-derived case information.
- Citation
- 2007 NSCA 67
- Parties
- Appellant: Director of Assessment; Appellant: Town of Bridgewater; Respondent: The Artificial Reef Society of Nova Scotia
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 31 May 2007
- Procedural Posture
- Appeal / Decision on Appeal and Cross Appeal in the Court of Appeal
- Outcome
- Appeal and cross-appeal dismissed
- Legal Topics
- Leave to Appeal, Fresh Evidence, Costs Discretion, Cross Appeal, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Assessment
Appellant
Town of Bridgewater
Appellant
The Artificial Reef Society of Nova Scotia
Respondent
Procedural Posture
Appeal / Decision on Appeal and Cross Appeal in the Court of Appeal
Legal Issues
- 1 Whether to disturb a trial judge's discretionary award of costs
- 2 Whether to admit proposed fresh evidence (correspondence) on appeal
- 3 Whether to grant substantive relief on appeal and cross-appeal
Ratio Decidendi
The Court refused to disturb the trial judge's discretionary costs award because no wrong principle of law was applied and there was no manifest injustice; it declined to admit the proposed fresh evidence as irrelevant; accordingly leave to appeal and cross-appeal was granted but substantive appeals were denied, and the respondent was awarded specified costs for attendance.
Court Disposition
Appeal and cross-appeal dismissed
Orders
- Leave to appeal and cross-appeal granted but each appeal denied
- Decline to receive the proposed fresh evidence (impugned correspondence)
Full Case Text
Judgment text and source record
1 paragraphs
Nova Scotia (Assessment) v. Artificial Reef Society of Nova Scotia Court Court of Appeal Date 2007-05-31 Citation 2007 NSCA 67 Docket CA 273952 Judge/Registrar/Adjudicator Saunders, Jamie W. S. (Honourable Justice) (CA); Cromwell, Thomas A. (Honourable Justice); Bateman, Nancy J. (Honourable Justice) (CA) Document Type Decision Relations Library Sheet - Nova Scotia (Assessment) v. Artificial Reef Society of Nova Scotia - 2007 NSCA 67 - 2007-05-31 - Library Sheet Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Nova Scotia (Assessment) v. Artificial Reef Society of Nova Scotia, 2007 NSCA 67 Date: 20070531 Docket: CA 273952 Registry: Halifax Between: Director of Assessment and Town of Bridgewater Appellant v. The Artificial Reef Society of Nova Scotia Respondent Judges: Bateman, Cromwell & Saunders, JJ.A. Appeal Heard: May 31, 2007, in Halifax, Nova Scotia Held: Appeal and cross-appeal dismissed, as per oral reasons for judgment of Saunders, J.A.; Bateman & Cromwell, JJ.A. concurring Counsel: Mark V. Rieksts, for the appellant & respondent on cross-appeal David J. Demirkan, for the respondent & appellant by cross- appeal Reasons for judgment: [1] We will not disturb a judge’s discretionary award of costs unless wrong principles of law have been applied, or the decision is so clearly wrong as to amount to a manifest injustice. [2] Neither cause for intervention arises here. [3] We are not persuaded that the proposed fresh evidence sought to be introduced by the appellant is relevant to the matters before us this morning. We, therefore, decline to receive the impugned correspondence. [4] While leave to both appeal and cross-appeal is granted, each is denied. [5] For its success in defeating the main appeal, we award the respondent its costs of $5,000.00 plus disbursements, as taxed or agreed, for its attendance today. There will be no costs on the cross-appeal. Saunders, J.A. Concurred in: Bateman, J.A. Cromwell, J.A.