Barthe v. National Bank Financial Ltd.

Barthe v. National Bank Financial Ltd.

The court exercised its discretion under Rule 77 to apply Tariff C rather than Tariff A, declined to depart to Tariff A because the matter did not show sufficient exceptional circumstances, awarded NBFL lump sum costs of $30,000 on a lump sum basis, awarded $2,000 for the abandoned prior application, awarded SMSS $14,000 plus disbursements and R. Blois Colpitts $8,000 plus disbursements, and confirmed costs are payable forthwith.

Citation
2010 NSSC 220
Parties
Plaintiff: Michael Barthe; Plaintiff/defendant by Counterclaim: Lutz Ristow; Defendant/plaintiff by Counterclaim: National Bank Financial Ltd.; Third Party: Stewart McKelvey Stirling Scales; Third Party: R. Blois Colpitts
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 June 2010
Procedural Posture
Civil: Summary Judgment Motion (costs Decision) / Costs Decision Following Summary Judgment Motion
Outcome
Costs awarded to National Bank Financial Ltd., Stewart McKelvey Stirling Scales and R. Blois Colpitts under Tariff C and lump sum awards; Tariff A denied; costs payable forthwith.
Legal Topics
Summary Judgment, Tariff a, Tariff C, Lump Sum Costs, Abandoned Motions, Disbursements
Source Language
English
Civil Procedure Costs Securities Litigation Summary Judgment Tariff a Tariff C Lump Sum Costs Abandoned Motions +1 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 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Michael Barthe

Plaintiff

Lutz Ristow

Plaintiff/defendant by Counterclaim

National Bank Financial Ltd.

Defendant/plaintiff by Counterclaim

Stewart McKelvey Stirling Scales

Third Party

R. Blois Colpitts

Third Party

Procedural Posture

Civil: Summary Judgment Motion (costs Decision) / Costs Decision Following Summary Judgment Motion

Legal Issues

  1. 1 Whether Tariff A or Tariff C applies to costs for the summary judgment motion
  2. 2 Whether lump sum costs beyond Tariff C are justified
  3. 3 Entitlement to costs for an abandoned prior application

Ratio Decidendi

The court exercised its discretion under Rule 77 to apply Tariff C rather than Tariff A, declined to depart to Tariff A because the matter did not show sufficient exceptional circumstances, awarded NBFL lump sum costs of $30,000 on a lump sum basis, awarded $2,000 for the abandoned prior application, awarded SMSS $14,000 plus disbursements and R. Blois Colpitts $8,000 plus disbursements, and confirmed costs are payable forthwith.

Court Disposition

Costs awarded to National Bank Financial Ltd., Stewart McKelvey Stirling Scales and R. Blois Colpitts under Tariff C and lump sum awards; Tariff A denied; costs payable forthwith.

Orders

  • National Bank Financial Ltd. awarded lump sum costs of $30,000.00 payable forthwith
  • National Bank Financial Ltd. awarded $2,000.00 for the abandoned prior application