Doug Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd.

Doug Boehner Trucking & Excavating Ltd. v. United Gulf Developments Ltd.

Because the action commenced in January 2003 the court applied the 1989 Tariff A (basic scale) to calculate trial costs for both the 2006 and 2012 trials; the court adopted an average prejudgment interest rate of 2.15% (treasury yields under Practice Memorandum 7) and awarded prejudgment interest to United Gulf on the awarded sum $487,295.53 from November 13, 2003 to January 7, 2013; appeal costs of $6,000 were awarded to Garden Crest and United Gulf; counsel were ordered to prepare and confirm calculations of trial costs and agreed disbursements to be paid by Whebby.

Citation
2013 NSSC 114
Parties
Plaintiff/defendant by Counterclaim: Doug Boehner Trucking & Excavating Limited; Defendants/plaintiffs by Counterclaim: United Gulf Developments Limited and Greater Homes Inc.; Third Party by Counterclaim: W. Eric Whebby Limited; Fourth Party by Counterclaim: Garden Crest Developments Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 March 2013
Procedural Posture
Civil Mechanics Lien / Remediation Dispute / Costs Decision Following Retrial (post‑trial / Appeal Resolution)
Outcome
Costs and prejudgment interest awarded to United Gulf and Garden Crest; application of 1989 tariff for trial cost calculation; counsel to prepare order reflecting agreed disbursements and confirm trial cost calculations.
Legal Topics
Prejudgment Interest, Costs of Litigation, Tariff of Costs, Retrial Due to Failed Recording
Source Language
English
Civil Procedure Property Law / Mechanics Lien Costs and Prejudgment Interest Prejudgment Interest Costs of Litigation Tariff of Costs Retrial Due to Failed Recording

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Parties

Doug Boehner Trucking & Excavating Limited

Plaintiff/defendant by Counterclaim

United Gulf Developments Limited and Greater Homes Inc.

Defendants/plaintiffs by Counterclaim

W. Eric Whebby Limited

Third Party by Counterclaim

Garden Crest Developments Limited

Fourth Party by Counterclaim

Procedural Posture

Civil Mechanics Lien / Remediation Dispute / Costs Decision Following Retrial (post‑trial / Appeal Resolution)

Legal Issues

  1. 1 Appropriate rate and period for prejudgment interest
  2. 2 Which tariff of costs applies (1989 tariff v. later tariff)
  3. 3 Amount of costs for 2012 trial

Ratio Decidendi

Because the action commenced in January 2003 the court applied the 1989 Tariff A (basic scale) to calculate trial costs for both the 2006 and 2012 trials; the court adopted an average prejudgment interest rate of 2.15% (treasury yields under Practice Memorandum 7) and awarded prejudgment interest to United Gulf on the awarded sum $487,295.53 from November 13, 2003 to January 7, 2013; appeal costs of $6,000 were awarded to Garden Crest and United Gulf; counsel were ordered to prepare and confirm calculations of trial costs and agreed disbursements to be paid by Whebby.

Court Disposition

Costs and prejudgment interest awarded to United Gulf and Garden Crest; application of 1989 tariff for trial cost calculation; counsel to prepare order reflecting agreed disbursements and confirm trial cost calculations.

Orders

  • United Gulf awarded prejudgment interest on the sum of $487,295.53 from November 13, 2003 to January 7, 2013 at the rate of 2.15%
  • Garden Crest and United Gulf awarded appeal costs in the amount of $6,000 each