Richards Estate v. Industrial Alliance Insurance and Financial Services

Richards Estate v. Industrial Alliance Insurance and Financial Services

The defendant was awarded lump sum costs of $22,000 and disbursements of $1,706.16 because Tariff C (maximum $12,000 using multipliers) would not afford a substantial but incomplete indemnity given the complexity, the determinative one-and-a-half day summary judgment hearing, the defendant's complete success, and actual legal fees of $125,000; most disbursements were allowed but reduced per Practice Memorandum No. 10.

Citation
2019 NSSC 101
Parties
Plaintiff/respondent: Sandra Nicole Richards and John Paul Bartlett Richards, Executors on behalf of the Estate of Paul Thomas Richards; Defendant/applicant: Industrial Alliance Insurance and Financial Services Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 March 2019
Procedural Posture
Summary Judgment Motion / Costs Decision Following Summary Judgment
Outcome
Costs awarded to Defendant/Applicant Industrial Alliance Insurance and Financial Services Inc.
Legal Topics
Summary Judgment, Costs Awards, Tariff C, Disbursements, Application of Rule 77, Interpretation of Insurance Act Ss.206 and 209
Source Language
English
Insurance Law Civil Procedure Costs Law Statutory Interpretation Summary Judgment Costs Awards Tariff C Disbursements +2 more

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Parties

Sandra Nicole Richards and John Paul Bartlett Richards, Executors on behalf of the Estate of Paul Thomas Richards

Plaintiff/respondent

Industrial Alliance Insurance and Financial Services Inc.

Defendant/applicant

Procedural Posture

Summary Judgment Motion / Costs Decision Following Summary Judgment

Legal Issues

  1. 1 Whether the successful defendant is entitled to costs following a summary judgment motion
  2. 2 What quantum of costs should be awarded and whether to apply Tariff C or a lump sum
  3. 3 Whether disbursements claimed are reasonable and recoverable under Practice Memorandum No. 10

Ratio Decidendi

The defendant was awarded lump sum costs of $22,000 and disbursements of $1,706.16 because Tariff C (maximum $12,000 using multipliers) would not afford a substantial but incomplete indemnity given the complexity, the determinative one-and-a-half day summary judgment hearing, the defendant's complete success, and actual legal fees of $125,000; most disbursements were allowed but reduced per Practice Memorandum No. 10.

Court Disposition

Costs awarded to Defendant/Applicant Industrial Alliance Insurance and Financial Services Inc.

Orders

  • Industrial Alliance awarded lump sum costs of $22,000
  • Industrial Alliance awarded disbursements of $1,706.16 (inclusive of HST)