Sep 10, 2015

Nova Scotia Civil Procedure Rules annotation of Rule 9.06

Weir v. National Bank of Canada, 2011 NSSC 430 (CanLII)
Rule 9.06 – Costs
The applicant discontinued his application for judicial review shortly after the motion for directions was heard. He immediately brought a new proceeding by way of a Notice of Application in court seeking relief under the same statute. The respondents sought costs in relation to the discontinued application. Held, lump sum costs of $500 awarded to the respondent. Rule 9.06 presumes costs will be fixed under Rule 77. There are no principled grounds here that displace this presumption. It's helpful to use Tariff C as a benchmark of what the costs might have been had the matter gone to a chambers hearing or what they would be based on the time spent in court for the motions hearing. The figure arrived at in each instance is relatively similar and comparable to the costs awarded.