Canada Case Law

Gold Recruitment Services Incorporated v. QDS Holdings Incorporated

Court

Supreme Court of Nova Scotia

Prejudgment interest is included in the amount involved for calculating Tariff A; punitive damages are excluded from that calculation; the appropriate Tariff A Scale 2 basic amount for the monetary judgment and included interest is $12,250 which is increased by $6,000 due to QDS's unreasonable settlement position, yielding $18,250; adding $2,000 for one day of trial, prejudgment interest, agreed disbursements and $500 costs in the cause results in a total award of $29,936.56 in favour of Gold.

Source excerpt

• Prejudgment interest
• Party and party costs
• Disbursements
• Punitive damages exclusion
• Offers to settle
• Costs in the cause

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J.L.M. v. G.G.M.

Court

Supreme Court of British Columbia

The court awarded the claimant costs in this family law case, declined double costs on the formal offer to settle, and fixed $1,500 for the costs submissions.

• Parenting time
• Bac monitoring
• Formal offer to settle (rule 11‑1)
• Guideline income imputation
• Section 7 special and extraordinary expenses
• Parenting coordinator

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Beshr et al. v. Gendron

Court

Supreme Court of British Columbia

The court held a Rule 37 settlement offer was not clear because it both sought costs and provided for dismissal without costs, so no costs order followed.

• Rule 37
• Form 64
• Offer and acceptance
• Calderbank letters
• Contradictory terms
• Costs consequences

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