Layes v. Layes

Layes v. Layes

The court determined the amount involved was approximately $470,000 (the $350,000 mortgage foreclosure and the $120,000 unjust enrichment claim), applied Tariff A as the starting point, found the proceeding's complexity and the defendants' conduct justified departing from the tariff under Rule 77.07 to award an...

Source-derived case information.

Citation
2021 NSSC 248
Parties
Plaintiff / Defendant by Counterclaim: Rose Ellen Layes; Defendant / Plaintiff by Counterclaim: Kevin Layes; Defendant / Plaintiff by Counterclaim: 3086779 Nova Scotia Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 August 2021
Procedural Posture
Civil Litigation / Costs Decision Following Trial
Outcome
Plaintiff awarded increased tariff fees and disbursements totalling $70,000; defendants jointly and severally liable; costs payable forthwith.
Legal Topics
Indemnity, Mortgage Foreclosure, Unjust Enrichment, Costs Award, Tariff a, Rule 77
Source Language
english
Contract Equity Property Civil Procedure Costs Indemnity Mortgage Foreclosure Unjust Enrichment +3 more

Source-derived case record

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rose Ellen Layes

Plaintiff / Defendant by Counterclaim

Kevin Layes

Defendant / Plaintiff by Counterclaim

3086779 Nova Scotia Limited

Defendant / Plaintiff by Counterclaim

Procedural Posture

Civil Litigation / Costs Decision Following Trial

Legal Issues

  1. 1 Whether the plaintiff's claim and the corporate defendant's foreclosure claim are monetary and what the "amount involved" is for Tariff A purposes
  2. 2 Whether Tariff A should be the starting point and whether departure from tariff is justified under Rule 77.07 to award increased or lump sum costs
  3. 3 Whether defendants' conduct and collateral issues justify an award that provides a substantial contribution to plaintiff's fees

Ratio Decidendi

The court determined the amount involved was approximately $470,000 (the $350,000 mortgage foreclosure and the $120,000 unjust enrichment claim), applied Tariff A as the starting point, found the proceeding's complexity and the defendants' conduct justified departing from the tariff under Rule 77.07 to award an increased sum, ordered the defendants to be jointly and severally liable, and awarded the plaintiff increased tariff fees and disbursements totalling $70,000 payable forthwith.

Court Disposition

Plaintiff awarded increased tariff fees and disbursements totalling $70,000; defendants jointly and severally liable; costs payable forthwith.

Orders

  • Award plaintiff costs in the total amount of $70,000, inclusive of disbursements, payable forthwith
  • Defendants are jointly and severally liable for the plaintiff's costs