Roshanimeydan v. Mina

Roshanimeydan v. Mina

The written September 23, 2005 letter referencing CPR 41A constituted a valid offer to settle attracting CPR 41A consequences; the Builder's Lien Act did not apply to restrict costs here; because plaintiff failed to obtain a judgment more favourable than the offer and the offer was silent as to costs Tariff F...

Source-derived case information.

Citation
2006 NSSC 39
Parties
Plaintiff and Defendant by Counterclaim: Alireza Roshanimeydan; Defendant and Plaintiff by Counterclaim: Mina Developments Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 February 2006
Procedural Posture
Lien Action Commenced Under Builder's Lien Act With Counterclaim and Quantum Meruit Claim / Trial Concluded; Decision on Merits Issued January 16, 2006; Costs Reserved and Decided February 7, 2006
Outcome
Costs awarded and apportioned; plaintiff's entitlement taxed and allowed; defendant's costs taxed and allowed and set off against plaintiff's entitlement; payment ordered from trust funds.
Legal Topics
Offers to Settle (cpr 41 A), Tariff F, Costs Awards and Taxation, Quantum Meruit, Pre Judgment Interest, Set Off
Source Language
english
Civil Litigation Civil Procedure Costs Construction Law Builders' Lien Offers to Settle (cpr 41 A) Tariff F Costs Awards and Taxation +3 more

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Summary, issues, holding and outcome

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Parties

Alireza Roshanimeydan

Plaintiff and Defendant by Counterclaim

Mina Developments Limited

Defendant and Plaintiff by Counterclaim

Procedural Posture

Lien Action Commenced Under Builder's Lien Act With Counterclaim and Quantum Meruit Claim / Trial Concluded; Decision on Merits Issued January 16, 2006; Costs Reserved and Decided February 7, 2006

Legal Issues

  1. 1 Whether an offer must strictly follow the form prescribed by CPR 41A to attract its cost consequences
  2. 2 Whether the Builder's Lien Act applies and limits costs in this proceeding
  3. 3 Whether CPR 41A applies automatically where plaintiff's recovery is less than defendant's offer

Ratio Decidendi

The written September 23, 2005 letter referencing CPR 41A constituted a valid offer to settle attracting CPR 41A consequences; the Builder's Lien Act did not apply to restrict costs here; because plaintiff failed to obtain a judgment more favourable than the offer and the offer was silent as to costs Tariff F governs the plaintiff's taxed costs to the date of the offer (taxed at $2,300 plus disbursements $1,218.56 and 4% interest on $8,150 from April 21, 2005 $190.15 for a total entitlement of $11,858.71) and the defendant's costs from date of offer are taxed at $6,000 plus disbursements $1,299.45 ($7,299.45), with set-off leaving $4,559.26 payable to plaintiff from funds in trust.

Court Disposition

Costs awarded and apportioned; plaintiff's entitlement taxed and allowed; defendant's costs taxed and allowed and set off against plaintiff's entitlement; payment ordered from trust funds.

Orders

  • Plaintiff (Roshanimeydan) taxed and allowed costs of $2,300 and disbursements $1,218.56 to the date of service of the offer and interest at 4% from April 21, 2005 on $8,150 ($190.15) for total entitlement of $11,858.71
  • Defendant (Mina) taxed and allowed costs of $6,000 and disbursements $1,299.45 for total of $7,299.45