MGL Consulting and Investments Ltd. v. Perks Coffee Ltd.

MGL Consulting and Investments Ltd. v. Perks Coffee Ltd.

For Applications in Chambers the correct default tariff is ordinarily Tariff C rather than Tariff A; applying Tariff C the court awarded $3,000 for the two closely connected chambers applications (upper half‑day level with 3x multiplier), allowed $600 in disbursements after partial reduction for unjustified copying/fax charges, and awarded $250 for the withdrawn motion, for a total of $3,850.

Citation
2010 NSSC 426
Parties
Applicant (landlord) / Respondent (cross Application): MGL Consulting and Investments Limited; Respondent (tenant) / Applicant (cross Application): Perks Coffee Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 September 2010
Procedural Posture
Chambers Applications (lease/sublease Dispute) / Costs Decision Following Chambers Hearing
Outcome
Perks Coffee Limited ordered to pay MGL Consulting and Investments Limited costs and disbursements totalling $3,850.00.
Legal Topics
Lease/sublease Validity, Costs Assessment, Tariff Interpretation, Disbursements, Applications in Chambers
Source Language
English
Contract Property Law Civil Procedure Costs Arbitration Lease/sublease Validity Costs Assessment Tariff Interpretation +2 more

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Parties

MGL Consulting and Investments Limited

Applicant (landlord) / Respondent (cross Application)

Perks Coffee Limited

Respondent (tenant) / Applicant (cross Application)

Procedural Posture

Chambers Applications (lease/sublease Dispute) / Costs Decision Following Chambers Hearing

Legal Issues

  1. 1 Which tariff (A or C) applies to costs of Applications in Chambers under Rule 77.06?
  2. 2 Quantum of costs to award for two concurrent applications heard in chambers
  3. 3 Whether disbursements for copying/fax/production require detailed justification

Ratio Decidendi

For Applications in Chambers the correct default tariff is ordinarily Tariff C rather than Tariff A; applying Tariff C the court awarded $3,000 for the two closely connected chambers applications (upper half‑day level with 3x multiplier), allowed $600 in disbursements after partial reduction for unjustified copying/fax charges, and awarded $250 for the withdrawn motion, for a total of $3,850.

Court Disposition

Perks Coffee Limited ordered to pay MGL Consulting and Investments Limited costs and disbursements totalling $3,850.00.

Orders

  • Perks Coffee Limited to pay MGL Consulting and Investments Limited $3,000.00 for costs of the two chambers applications (assessed under Tariff C).
  • Perks Coffee Limited to pay MGL Consulting and Investments Limited $250.00 for the withdrawn motion to strike affidavit paragraphs.