United Parishes of St. George and St. Patrick v. Guy
Because the award of costs was not inordinately low and the trial judge did not apply wrong legal principles, the appellate court will not interfere with the exercise of discretion; therefore the appeal was dismissed.
Source-derived case information.
- Citation
- 2006 NSCA 127
- Parties
- Appellant: The Rector and the Wardens of the United Parishes of St. George and St. Patrick; Respondent: Daniel G. Guy
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 November 2006
- Procedural Posture
- Appeal / Court of Appeal Judgment on Costs
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Costs Award, Standard of Appellate Review, Trial Judge Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Rector and the Wardens of the United Parishes of St. George and St. Patrick
Appellant
Daniel G. Guy
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment on Costs
Legal Issues
- 1 Whether the trial judge erred in the amount of costs awarded
- 2 What standard of appellate review applies to costs awards
Ratio Decidendi
Because the award of costs was not inordinately low and the trial judge did not apply wrong legal principles, the appellate court will not interfere with the exercise of discretion; therefore the appeal was dismissed.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs of $750.00 plus disbursements as agreed or taxed.
Full Case Text
Judgment text and source record
1 paragraphs
United Parishes of St. George and St. Patrick v. Guy Court Court of Appeal Date 2006-11-20 Citation 2006 NSCA 127 Docket CA 267655 Judge/Registrar/Adjudicator Fichaud, Joel E. (Honourable Justice) (CA); Oland, Linda L. (Honourable Justice); Roscoe, Elizabeth A. (Honourable Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: United Parishes of St. George and St. Patrick v. Guy, 2006 NSCA 127 Date: 20061120 Docket: CA 267655 Registry: Halifax Between: The Rector and the Wardens of the United Parishes of St. George and St. Patrick Appellant v. Daniel G. Guy Respondent Judges: Roscoe, Oland and Fichaud, JJ.A. Appeal Heard: November 20, 2006 Written Judgment: November 21, 2006 Held: Appeal dismissed with costs per oral reasons for judgment of Oland, J.A.; Roscoe and Fichaud, JJ.A. concurring. Counsel: Ann E. Smith for the appellant John Shanks and Heather Goodfellow for the respondent Reasons for judgment: [1] The scope of appellate review on the issue of costs is narrow. This court will not interfere in a trial judge's exercise of discretion unless wrong principles of law have been applied, or the decision is so clearly wrong as to amount to a manifest injustice: Founders Square Ltd. v. Coopers & Lybrand (1999), 179 N.S.R. (2d) 375 (N.S.C.A.) at ¶ 46. [2] The appellant submits that the trial judge made a clearly wrong and patently unreasonable decision in setting the amount of costs awarded to it. We are unanimously of the view that, in the circumstances of this case, the award of costs was not so inordinately low as to be so clearly wrong as to amount to a manifest injustice. [3] We would dismiss the appeal, with costs of $750.00 plus disbursements as agreed or taxed. Oland, J.A. Concurred in: Roscoe, J.A. Fichaud, J.A.