Christopher v. United Gulf Developments Ltd.

Christopher v. United Gulf Developments Ltd.

The court held that the issue of prejudgment interest was part of a summary judgment application outstanding before January 1, 2009 and therefore governed by the 1972 Rules practice; applying Practice Memorandum 7 and the one-year term deposit average of 1.76% for the period August 10, 2008 to February 12, 2009 produced prejudgment interest of $1,245.95. The Christophers, entirely successful on the action and with the counterclaim dismissed, were awarded Tariff C basic costs of $1,000 and a multiplier of three, for total costs of $3,000, plus the prejudgment interest award.

Citation
2009 NSSC 92
Parties
Plaintiffs/defendants by Counterclaim: Terry Christopher and Elizabeth Christopher; Defendant/plaintiff by Counterclaim: United Gulf Developments Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 March 2009
Procedural Posture
Civil Summary Judgment and Costs / Post Judgment Costs Determination
Outcome
Christophers awarded prejudgment interest and costs; United Gulf’s counterclaim dismissed; prejudgment interest calculated under Practice Memorandum 7 at 1.76% for the period August 10, 2008 to February 12, 2009.
Legal Topics
Pre Judgment Interest, Summary Judgment, Costs Awards, Practice Rules Transition, Tariff C, Practice Memorandum 7
Source Language
English
Civil Procedure Contract Law Damages Costs Interest Pre Judgment Interest Summary Judgment Costs Awards +3 more

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Parties

Terry Christopher and Elizabeth Christopher

Plaintiffs/defendants by Counterclaim

United Gulf Developments Limited

Defendant/plaintiff by Counterclaim

Procedural Posture

Civil Summary Judgment and Costs / Post Judgment Costs Determination

Legal Issues

  1. 1 Which procedural rules govern calculation of prejudgment interest (2009 Rules v. 1972 Rules)
  2. 2 Appropriate rate and calculation method for prejudgment interest
  3. 3 Entitlement to costs and appropriate Tariff/multiplier

Ratio Decidendi

The court held that the issue of prejudgment interest was part of a summary judgment application outstanding before January 1, 2009 and therefore governed by the 1972 Rules practice; applying Practice Memorandum 7 and the one-year term deposit average of 1.76% for the period August 10, 2008 to February 12, 2009 produced prejudgment interest of $1,245.95. The Christophers, entirely successful on the action and with the counterclaim dismissed, were awarded Tariff C basic costs of $1,000 and a multiplier of three, for total costs of $3,000, plus the prejudgment interest award.

Court Disposition

Christophers awarded prejudgment interest and costs; United Gulf’s counterclaim dismissed; prejudgment interest calculated under Practice Memorandum 7 at 1.76% for the period August 10, 2008 to February 12, 2009.

Orders

  • Award prejudgment interest to Terry and Elizabeth Christopher in the amount of $1,245.95, calculated from August 10, 2008 to February 12, 2009.
  • Award costs to Terry and Elizabeth Christopher in the amount of $3,000.00 (Tariff C $1,000.00 with multiplier of three).