Leigh v. Belfast Mini-Mills Ltd.

Leigh v. Belfast Mini-Mills Ltd.

Defendants succeeded on the motions and are entitled to party-and-party costs under Tariff C; an award of $3,700 in costs plus $272.53 disbursements is appropriate. Given plaintiffs' repeated unsuccessful, poorly framed motions and misconduct allegations, a portion of the award ($972.53) is ordered payable forthwith to deter further vexatious proceedings, with the remaining $3,000 payable by a fixed deadline.

Citation
2011 NSSC 320
Parties
Plaintiff: Gillian Leigh; Plaintiff: Wanda Cummings; Plaintiff: Toltec Holdings Incorporated carrying on business as Mabou Ridge Centre for Holistic Living; Defendant: Belfast Mini-Mills Ltd.; Defendant: International Spinners Ltd.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 August 2011
Procedural Posture
Civil Costs Arising From Motions / Costs Determination Following Decisions on Multiple Motions and Publication Ban Motions
Outcome
Costs awarded to defendants: $3,700 costs and $272.53 disbursements; $972.53 payable forthwith; balance of $3,000 payable on or before January 31, 2012.
Legal Topics
Summary Judgment, Abuse of Process, Discovery Examination, Publication Ban, Party and Party Costs, Payment of Costs Forthwith, Tariff C
Source Language
English
Civil Procedure Costs Discovery Publication Ban Abuse of Process Summary Judgment Discovery Examination Party and Party Costs +2 more

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 5 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Gillian Leigh

Plaintiff

Wanda Cummings

Plaintiff

Toltec Holdings Incorporated carrying on business as Mabou Ridge Centre for Holistic Living

Plaintiff

Belfast Mini-Mills Ltd.

Defendant

International Spinners Ltd.

Defendant

Procedural Posture

Civil Costs Arising From Motions / Costs Determination Following Decisions on Multiple Motions and Publication Ban Motions

Legal Issues

  1. 1 Whether defendants are entitled to costs after prevailing on motions
  2. 2 Appropriate scale of costs and application of Tariff C
  3. 3 Whether disbursements are recoverable

Ratio Decidendi

Defendants succeeded on the motions and are entitled to party-and-party costs under Tariff C; an award of $3,700 in costs plus $272.53 disbursements is appropriate. Given plaintiffs' repeated unsuccessful, poorly framed motions and misconduct allegations, a portion of the award ($972.53) is ordered payable forthwith to deter further vexatious proceedings, with the remaining $3,000 payable by a fixed deadline.

Court Disposition

Costs awarded to defendants: $3,700 costs and $272.53 disbursements; $972.53 payable forthwith; balance of $3,000 payable on or before January 31, 2012.

Orders

  • Defendants awarded party and party costs of $3,700 (comprised of $3,500 for the first motions and $200 for the non-publication motion).
  • Defendants awarded disbursements of $272.53.