RULESWATCH

March 18, 2009

COSTS: SUBSTANTIAL INDEMNITY

Filed under: 1 — ruleswatch @ 5:11 am
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Robertson J has awarded substantial indemnity costs of $15,000 on a successful litigant’s reduced fees bill of over $29,000. The Court also awarded approved disbursements and HST on both fees and disbursements in a taxpayer appeal. The decision cites “McGarrigle v. Dalhousie University, 2007 N.S.S.C. 310; Beaini v. Association of Professional Engineers of Nova Scotia,[2003] N.S.J. No. 539; Cuvelier v. Bank of Montreal (2002), 212 N.S.R. (2d) 17;and Founders Square Limited v. Nova Scotia (Attorney General) [2000] N.S.J. No.220.” as authority for the proposition that costs should represent a “substantial contribution toward the legal costs incurred by the successful party” The decision notes that the relevant tariff has not changed between the old and news rules.

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