Link v. Link

Link v. Link

The application placed extraordinary demands on Respondents due to its complexity, multi-jurisdictional aspects, volume of evidence and potential high-value claim; those circumstances justified departing from tariff C and awarding the Respondents a substantial contribution of $40,000 plus disbursements ($625.14), with two counsel being reasonable.

Citation
2021 NSSC 114
Parties
Applicant: Jay Link; Respondent: John E. Link; Respondent: Troy Link; Respondent: John Hermeier; Respondent: Link Snacks Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 April 2021
Procedural Posture
Derivative Action Application for Leave / Costs Decision Following Denial of Leave
Outcome
Respondents entitled to costs; awarded $40,000 plus disbursements of $625.14; Respondents' counsel to prepare an order under CPR 78 for the judge's signature.
Legal Topics
Derivative Action, Leave to Commence Derivative Action, Costs Awards, Tariff C Departure, Limitation Period
Source Language
English
Civil Procedure Corporate Law Costs Conflict of Laws Shareholder Remedies Derivative Action Leave to Commence Derivative Action Costs Awards +2 more

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Parties

Jay Link

Applicant

John E. Link

Respondent

Troy Link

Respondent

John Hermeier

Respondent

Link Snacks Inc.

Respondent

Procedural Posture

Derivative Action Application for Leave / Costs Decision Following Denial of Leave

Legal Issues

  1. 1 Whether to award costs under CPR 77
  2. 2 Whether to depart from tariff "C"
  3. 3 Whether the Respondents' claimed costs were reasonable

Ratio Decidendi

The application placed extraordinary demands on Respondents due to its complexity, multi-jurisdictional aspects, volume of evidence and potential high-value claim; those circumstances justified departing from tariff C and awarding the Respondents a substantial contribution of $40,000 plus disbursements ($625.14), with two counsel being reasonable.

Court Disposition

Respondents entitled to costs; awarded $40,000 plus disbursements of $625.14; Respondents' counsel to prepare an order under CPR 78 for the judge's signature.

Orders

  • Respondents awarded costs in the amount of $40,000 plus disbursements of $625.14 (HST included); Respondents' counsel to prepare and submit an order pursuant to CPR 78 for signature.