Canada Life Assurance Company v. Nova Scotia (Municipal Affairs)
The Court held that it would not depart from the settled principle that costs on interlocutory matters are costs in the cause and ordered that costs on the application and the appeal be costs in the cause.
Source-derived case information.
- Citation
- 1996 NSCA 133
- Parties
- Appellant: The Canada Life Assurance Company; Respondent: The Honourable Sandy Jolly, Minister of Municipal Affairs; Respondent: The Municipality of the County of Colchester; Third Party: Sobey Leased Properties Limited; Third Party: Sobeys Inc.
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 28 May 1996
- Procedural Posture
- Appeal / Supplementary Judgment on Costs Arising From Appeal of Interlocutory Order Striking Out Certiorari Application
- Outcome
- Appeal allowed; costs on the application and the appeal to be costs in the cause.
- Legal Topics
- Certiorari, Costs in the Cause, Interlocutory Appeal, Striking Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Canada Life Assurance Company
Appellant
The Honourable Sandy Jolly, Minister of Municipal Affairs
Respondent
The Municipality of the County of Colchester
Respondent
Sobey Leased Properties Limited
Third Party
Sobeys Inc.
Third Party
Procedural Posture
Appeal / Supplementary Judgment on Costs Arising From Appeal of Interlocutory Order Striking Out Certiorari Application
Legal Issues
- 1 Whether costs for interlocutory proceedings should be awarded as costs in the cause or payable forthwith
- 2 Whether the certiorari application was severable from the underlying action such that immediate costs are appropriate
- 3 Whether the court should depart from the general principle that interlocutory costs are in the cause
Ratio Decidendi
The Court held that it would not depart from the settled principle that costs on interlocutory matters are costs in the cause and ordered that costs on the application and the appeal be costs in the cause.
Court Disposition
Appeal allowed; costs on the application and the appeal to be costs in the cause.
Orders
- Costs on the application and the appeal be costs in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
Canada Life Assurance Company v. Nova Scotia (Municipal Affairs) Court Court of Appeal Date 1996-05-28 Citation 1996 NSCA 133 Docket CA 124042 Judge/Registrar/Adjudicator Freeman, Gerald B. (Honourable Justice) (CA); Hallett, J. Doane (Honourable Justice) (CA); Roscoe, Elizabeth A. (Honourable Justice) (CA) Document Type Decision Decision Content C.A. No. 124042 NOVA SCOTIA COURT OF APPEAL Cite as: Canada Life Assurance Company v. Nova Scotia (Municipal Affairs), 1996 NSCA 133 Hallett, Freeman and Roscoe, JJ.A. BETWEEN: THE CANADA LIFE ) Gary A. Richard ASSURANCE COMPANY ) for the Appellant Appellant ) ) - and - ) ) ) THE HONOURABLE SANDY JOLLY, ) Peter M. Rogers MINISTER OF MUNICIPAL AFFAIRS and ) for the Respondent, THE MUNICIPALITY OF THE COUNTY ) the Municipality OF COLCHESTER ) Respondents ) ) - and - ) ) SOBEY LEASED PROPERTIES LIMITED ) Robert G. Grant and and SOBEYS INC. ) Nancy G. Rubin ) for Third Parties, Third Parties ) Sobeys ) ) Appeal Heard: ) March 28, 1996 ) ) Supplementary ) Judgment Delivered: ) May 28, 1996 ) ) ) ) THE COURT: Costs on the application and the appeal be costs in the cause per reasons for judgment of Freeman, J.A.; Hallett and Roscoe, JJ.A., concurring. Freeman, J.A. No order was made as to costs, but counsel were invited to make further submissions on the issue when this Court allowed an appeal from an interlocutory order of the Supreme Court of Nova Scotia striking out the appellant Canada Life's certiorari application to review a ministerial decision approving controversial by-laws of the Municipality of the County of Colchester. Canada Life seeks costs in any event payable forthwith for the appeal and the application from which it arose. It argues that Creaser v. Warren and Warren (1987), 77 N.S.R. (2d) 429 (N.S.C.A.) should be distinguished because the application was severable from the action. The action will proceed as a result of the appeal but, if the decision on the application had been allowed to stand, it would have been finally disposed of. The appellant cites Edmonton Northlands v. Edmonton Oilers Hockey Corp. (1994), 223 C.P.C. (3d) 83; Landymore v. Hardy (1992), 112 N.S.R. (2d) 413; Fox v. White (1990), 39 C.P.C. (2d) 218; Fehr v. Jacob (1993), 16 C.P.C. (3d) 382 and Krupp MaK Maschinenbau GmBh. v. Krupp MaK Diesel, Inc. (S.H. No. 120859, February 9, 1996, unreported). In separate submissions, counsel for the respondents and third parties cited the the judgment of Hart, J.A., in Natural Beauty Products Limited (Receivership) v. Body Reform Canada Limited et al. (1990), 96 N.S.R. (2d) 330 (N.S.C.A.) at pp. 332-3 for the proposition that: "Costs on interlocutory matters are usually 'in the cause'." That is the principle generally followed by this court, despite the broad discretion as to costs provided Civil Procedure Rule 63.05(1). I have not been persuaded that it would be appropriate to depart from that principle in the present matter. The court before which the certiorari application is finally disposed of will see this and any other interlocutory proceedings in their proper context with respect to costs and can make appropriate disposition of all cost issues. I would order that costs on the present application and appeal be costs in the cause. Freeman, J.A. Concurred in: Hallett, J.A. Roscoe, J.A. C.A. No.124042 NOVA SCOTIA COURT OF APPEAL BETWEEN: THE CANADA LIFE ) ASSURANCE COMPANY ) Appellant ) ) - and - ) ) REASONS FOR ) SUPPLEMENTARY ) JUDGMENT BY: THE HONOURABLE SANDY JOLLY, ) MINISTER OF MUNICIPAL AFFAIRS, ) FREEMAN, J.A. and THE MUNICIPALITY OF THE ) COUNTY OF COLCHESTER ) Respondents ) ) - and - ) ) SOBEY LEASED PROPERTIES ) LIMITED and SOBEYS INC. ) )