Annapolis County (Municipality) v. Annapolis Royal (Town)
The Court held that the trial judge conducted a careful analysis and properly applied the applicable legal principles, including the presumption under Rule 9.06; there was no basis to interfere with the costs award, and the appeal was dismissed.
Source-derived case information.
- Citation
- 2016 NSCA 23
- Parties
- Appellant: Municipality of the County of Annapolis; Respondent: Town of Annapolis Royal
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 30 March 2016
- Procedural Posture
- Appeal (costs) / Court of Appeal Decision
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Discontinuance, Costs Assessment, Civil Procedure Rule 9.06, Judicial Discretion, Standard of Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Municipality of the County of Annapolis
Appellant
Town of Annapolis Royal
Respondent
Procedural Posture
Appeal (costs) / Court of Appeal Decision
Legal Issues
- 1 Whether costs should be awarded following a notice of discontinuance
- 2 Whether Civil Procedure Rule 9.06 creates a presumption of costs payable on discontinuance
- 3 Whether the trial judge properly exercised his discretion in awarding costs
Ratio Decidendi
The Court held that the trial judge conducted a careful analysis and properly applied the applicable legal principles, including the presumption under Rule 9.06; there was no basis to interfere with the costs award, and the appeal was dismissed.
Court Disposition
Appeal dismissed with costs
Orders
- Trial judge's costs order requiring Appellant to pay $5,204.89 is upheld.
- Appeal dismissed; Appellant ordered to pay all-inclusive costs on appeal of $3,000.00.
Full Case Text
Judgment text and source record
1 paragraphs
Annapolis County (Municipality) v. Annapolis Royal (Town) Court Court of Appeal Date 2016-03-30 Citation 2016 NSCA 23 Docket CA 443078 Judge/Registrar/Adjudicator MacDonald, J. Michael (Honourable Chief Justice) (CA); Saunders, Jamie W. S. (Honourable Justice) (CA); Scanlan, J. Edward (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: Annapolis County (Municipality) v. Annapolis Royal (Town), 2016 NSCA 23 Date: 20160330 Docket: CA 443078 Registry: Halifax Between: Municipality of the County of Annapolis a body corporate pursuant to the Municipal Government Act, RSNS 1998, c18 Appellant v. Town of Annapolis Royal a body corporate pursuant to the Municipal Government Act, RSNS 1998, c 18 Respondent Judges: MacDonald, C.J.N.S., Saunders and Scanlan JJ.A. Appeal Heard: March 29, 2016, in Halifax, Nova Scotia Held: Appeal dismissed with costs, per reasons by the Court Counsel: W. Bruce Gillis, Q.C., for the Appellant Jonathan Cuming, for the Respondent Reasons for judgment: By the Court [1] The Appellant Municipality asked the Supreme Court of Nova Scotia to interpret a water supply agreement between the parties. It then withdrew the proceeding by filing a Notice of Discontinuance. [2] In response, the Respondent Town sought costs pursuant to Civil Procedure Rule 9.06. This provision presumes that costs are payable unless the Court orders otherwise. [3] Justice Pierre L. Muise heard the matter and ordered the Appellant to pay costs totalling $5,204.89. [4] The Appellant now challenges that award before this Court. [5] We are of the unanimous view that this award is the product of a careful analysis where the judge exercised his discretion by applying all the appropriate legal principles. [6] Accordingly, the appeal is dismissed with all-inclusive costs on appeal of $3,000.00. MacDonald, C.J.N.S. Saunders, J.A. Scanlan, J.A.