Robertson v. McCormick

Robertson v. McCormick

The defendant was entitled to costs because she obtained summary judgment dismissing the plaintiff's defamation claim; applying Tariff C the base award for 2.5 days was $5,000, multiplied by 3 for complexity/importance/effort to $15,000, and increased by 75% under Rule 10.09 because the defendant's formal offer to settle was made more than 25 days after pleadings close and before setting down (adding $11,250) resulting in costs of $26,250; disbursements of $2,834.10 were added for a total of $29,084.10; the plaintiff failed to provide evidence of financial hardship to reduce the award and improperly disclosed without prejudice communications which were not considered.

Citation
2012 NSSC 156
Parties
Plaintiff/respondent: Mark Robertson; Defendant/applicant: Heather McCormick
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 May 2012
Procedural Posture
Defamation / Costs Decision Following Summary Judgment
Outcome
Plaintiff ordered to pay defendant's costs and disbursements following summary judgment
Legal Topics
Summary Judgment, Costs Awards, Formal Offer to Settle (rule 10.09), Tariff C, Without Prejudice Communications
Source Language
English
Defamation Civil Procedure Costs Summary Judgment Costs Awards Formal Offer to Settle (rule 10.09) Tariff C Without Prejudice Communications

Case Brief

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Parties

Mark Robertson

Plaintiff/respondent

Heather McCormick

Defendant/applicant

Procedural Posture

Defamation / Costs Decision Following Summary Judgment

Legal Issues

  1. 1 Whether costs should follow the result and the appropriate amount
  2. 2 Whether Tariff C multiplier applies and in what factor
  3. 3 Whether Rule 10.09 increase for failure to accept a formal offer to settle applies and at what percentage

Ratio Decidendi

The defendant was entitled to costs because she obtained summary judgment dismissing the plaintiff's defamation claim; applying Tariff C the base award for 2.5 days was $5,000, multiplied by 3 for complexity/importance/effort to $15,000, and increased by 75% under Rule 10.09 because the defendant's formal offer to settle was made more than 25 days after pleadings close and before setting down (adding $11,250) resulting in costs of $26,250; disbursements of $2,834.10 were added for a total of $29,084.10; the plaintiff failed to provide evidence of financial hardship to reduce the award and improperly disclosed without prejudice communications which were not considered.

Court Disposition

Plaintiff ordered to pay defendant's costs and disbursements following summary judgment

Orders

  • Plaintiff to pay costs to the defendant in the amount of $26,250.00
  • Plaintiff to pay disbursements of $2,834.10 (Rule 77.10(1))